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A party cannot be allowed to just take any good thing about its personal wrongs by receiving an interim purchase and thereafter blame the court. The reality that the writ is located, finally, devoid of any merit, shows that a frivolous writ petition had been filed.
Douglas S. Chin has intensive expertise in condition and federal courts, from Hawaii to The usa Supreme Courtroom, and expertise in controlling state and local authorities agencies at the best amounts.
As a result, when it appears that the functionality in the formalities prescribed by a statute has actually been rendered not possible by circumstances more than which the persons intrigued experienced no Regulate, similar to the act of God, the situation will likely be taken as a sound excuse.
["11-A. Time period in which an award shall be built.-The Collector shall make an award less than Area eleven in just a period of two years from your date with the publication of your declaration and if no award is made in just that period of time.
9. Obtaining listened to the uncovered counsel showing on behalf with the respective parties, the concern which happens to be posed for your thought of the Court docket is:-
338. A wrongdoer or in the present context, a litigant who will take his prospects, cannot be permitted to realize by delaying ways. It is the duty of your judicial process to discourage undue enrichment or drawing of undue benefit, by using the court docket being a Resource. In Kalabharati Advertising and marketing v.
The concepts fundamental are lex non cogit ad impossibilia (the law doesn't compel a man to accomplish the extremely hard) and actus curiae neminem gravabit (the act of courtroom shall prejudice no male).
10.12 So, it is necessary to dwell into The explanations regarding why no award is manufactured. As discussed aforesaid, if there is an buy of restraint to the here Collector or within the attaining authority and because of which, the Collector or maybe the Land Acquisition Officer just isn't ready to create an award for good reasons further than his Command and in compliance on the interim buy granted by a court docket of law on the instance of the land proprietor or another one who can have questioned the acquisition,
(xx) The Court can beneath its inherent jurisdiction ex debito justitiae has a duty to mitigate the more info hurt experienced because of the defendants by the act in the Courtroom;
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320. The maxim actus curiae neminem gravabit is Launched on the basic principle as a website consequence of court proceedings or acts of courtroom, no social gathering should really endure. If any interim orders are made in the lawyer in ayodhya faizabad course of the pendency of your litigation, They're topic to the final determination from the matter.
Even when there had been a provision produced with respect to the exclusion of your time invested in the courtroom proceedings with respect to interim stay resulting from courtroom's get, it might have been ex abundanti cautela, which has been viewed as by this Court in Union of India v.
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