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'It is, then, a basic rule which admits of sufficient simple illustration, that impotentia excusat legem; the place the legislation creates a duty or charge, as well as the celebration is disabled to conduct it, without any default in him, and it has no cure around, there the legislation will generally speaking justification him (t) : and although impossibility of efficiency is, generally, no justification for not accomplishing an obligation which a party has expressly carried out by contract, but once the obligation is 1 implied by law, impossibility of functionality is an effective justification.

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Parliament in our watch did not intend to confer Positive aspects to this kind of litigants for your aforementioned good reasons. Litigation may be frivolous or might be worthy.

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(iii) Lapse of acquisition usually takes position only in case of default from the authorities acquiring the land, not because of any other reason or buy with the courtroom;

It can not be disputed that there shall be an extremely huge difference between the quantum of payment payable under the Act, 1894 and the compensation payable underneath the Act, 2013. It can't be said that there was any inaction on the part of the Authority in not declaring the award as a result of interim order passed via the Court docket.

‘The Demo Courtroom is just not certain to move an in depth buy to satisfy the evidence at enough time of issuing process,’ Browse Judgment

For that reason, the implication is when there is inaction around the Section of the Collector in passing the award to get Adv Ravi Shankar Yadav a duration of two many years within the date of publication of your declaration, then the acquisition would lapse.

But, that does not automatically produce the inference that the expression "duty of excise" in these notifications was intended to check with all duties of excise which includes Exclusive and auxiliary obligations of excise.

the courtroom ought to impose prices on this kind of litigants which must website be equivalent to the advantages derived via the litigant and hurt and deprivation experienced by the rightful person so as to check the frivolous litigation and prevent the individuals from reaping a wealthy harvest of illegal acts with the courts.

The absence of check here those words would not absolve us with the obligation to interpret the expression "obligation of excise" in these notifications. We have even now to construe this expression - precisely what is its more info this means and import - and that should be accomplished bearing in mind the context where it happens.

It truly is identified that thinking of the aforesaid stand/submission designed from the counter submitted on behalf on the Authority, the Substantial Courtroom has directed to declare the award and pay out the compensation below get more info Section 24(one) with the Act, 2013, which course will not be interfered by this Courtroom.