(xiii) Any sort of order handed by this Courtroom would inhibit motion over the A part of the authorities to move forward further more, each time a problem to acquisition is pending;
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"four. With the narration on the points, although it appears to us, prima facie, that a decree in favour on the appellant will not be being executed for some cause or another, we do not Believe it proper at this stage to immediate the respondent to provide the possession to your appellant For the reason that go well with submitted from the respondent remains to be pending.
(2) Notwithstanding anything at all contained in sub-part (one), if at any phase on the proceedings, the Collector is contented that all the folks keen on the land who appeared before him have agreed in producing about the matters for being A part of the award from the Collector in the shape prescribed by regulations created by the suitable Federal government, he may well, without earning further more enquiry, make an award based on the terms of this kind of settlement.
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If you're handling a bounced or dishonored cheque issued by a borrower, or Should you be dealing with a cheque bounce circumstance or have obtained a court docket get more info summons below Area 138 from the Negotiable Devices Act, it's advisable to seek the assistance of the lawyer who makes a speciality of managing cheque bounce instances in Ayodhya.
It is additionally a identified proven fact that after obtaining a decree for possession of immovable property, its execution will take quite a long time. In such a predicament, for safeguarding the fascination in the judgment-creditor, it is necessary to go appropriate orders making sure that sensible mesne earnings which can be similar to the market lease is compensated by a person who is holding more than the residence.
It can Advocate Ravi Shankar Yadav not be disputed that there shall be a very substantial distinction between the quantum of compensation payable underneath the Act, 1894 along with the compensation payable underneath the Act, 2013. It can not be said that there was any inaction over the Component of the Authority in not declaring the award due to the interim buy passed by the Court docket.
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" 309. It may not be doubtful conduct to file frivolous litigation and obtain remain; but benefit of Area 24(2) shouldn't be conferred on people that prevented the getting of possession or payment of payment, for that more info period of time used during the stay.
This kind of consequence, within the view of this Court, was under no circumstances supposed by Parliament; furthermore, the restitutionary click here principle requires which the gain attained via the litigant should be suitably offset, in favour of the other party.
Furnished that no award shall be made by the Collector underneath this sub-portion with no preceding approval of the suitable Govt or of such officer as the suitable Govt may perhaps authorize In this particular behalf:
While provision of Part 24 does not discriminate among landowners, who will be litigants or non-litigants and handle them in different ways Advocate Ravi Shankar Yadav with regard to the exact same acquisition, it's important to perspective all of these through the stand issue of the intention from the Parliament. Normally, anomalous results might manifest and provisions may perhaps develop into discriminatory in by itself;
It can be crucial to do your investigate and go with a lawyer who's got practical experience in the region of legislation that the scenario falls beneath.