Now, it really is no doubt correct that in these various notifications referred to earlier mentioned, the Central Federal government has, when granting exemption underneath Rule 8(one), made use of specified language indicating that the exemption, complete or partial, granted under each such notification is in regard of excise responsibility leviable beneath the Central Excises and Salt Act, 1944.
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Hence, though implementing the stated provisions into the information of each and every case, it's important to Keep in mind the contextual interpretation getting regard to provisions beneath both the Acts.
(2) Notwithstanding just about anything contained in sub-part (one), if at any phase in the proceedings, the Collector is contented that each one the individuals thinking about the land who appeared ahead of him have agreed in composing over the matters for being included in the award on the Collector in the form prescribed by regulations made by the suitable Governing administration, he might, without the need of earning additional enquiry, make an award according to the terms of these kinds of arrangement.
HC Opines: Property and legal responsibility of the public servant will have to be automatically disclosed and can't be shielded from general public scrutiny but there should be a reasonable restriction of the exact same, Browse Judgment
The explained sub-part starts by using a non-obstante clause and it states that notwithstanding anything contained inside the Act, 2013 in any case of land acquisition proceedings initiated beneath the Land Acquisition Act, 1894, -
(iii) Lapse of acquisition normally takes location only in case of default through the authorities obtaining the land, not due to click here any other cause or purchase on the courtroom;
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Offered additional that it shall be competent for the suitable Authorities to immediate the get more info Collector could make such award without the need of these kinds of approval in these class of scenarios as the right Govt may well specify Within this behalf.
(xx) The Court can below its inherent jurisdiction ex debito justitiae has a obligation to mitigate the harm endured via the defendants with website the act from the Court;
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Nevertheless, whilst calculating the stated period of two years, the interval all through which no award could be handed owing to an buy of stay in that regard passed by a court docket needed to be excluded.
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