Now, it can be no doubt true that in these numerous notifications referred to above, the Central Authorities has, whilst granting exemption underneath Rule eight(1), used specified language indicating the exemption, total or partial, granted under each such notification is in regard of excise duty leviable underneath the Central Excises and Salt Act, 1944.
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"seventy two. Hence, Quite simply, the interim purchase of remain granted in among the issues with the landowners would place entire restraint over the respondents to acquire proceeded even more to concern notification below Portion six in the Act. Experienced they issued the mentioned notification throughout the interval if the stay was operative, then of course They might are hauled up for committing contempt of courtroom.
In that look at from the subject, it can be safely and securely concluded that the legislature has consciously omitted to extend the duration of five years indicated in Area 24(two) even when the proceedings were delayed on account of the purchase of continue to be or injunction granted by a courtroom of law or for virtually any explanation.
) Each individual consideration of justice and expediency would need the acknowledged theory, which underlies Area ten of the overall Clauses Act, need to be utilized in cases the place it doesn't otherwise in phrases use.
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"ten. In ... the doctrine of actus curiae neminem gravabit and held which the doctrine wasn't confined in its software only to this sort of acts in the court which ended up erroneous; the doctrine is applicable to all these kinds of acts concerning which it can be held which the court would not have so acted experienced it been appropriately apprised in the info as well as the regulation. It is the basic principle of restitution that is definitely attracted.
Nevertheless the respondents contended the expression "obligation of excise" was a person of huge amplitude and from the absence of any restrictive or limitative terms indicating that it was meant to refer only to obligation of excise leviable under the Central Excises and Salt Act, 1944, it must be held to address all obligations of excise irrespective of whether leviable beneath the Central Excises and Salt Act, 1944 or below any other enactment.
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It might quantity to conferring unjust gain on the proprietors which could never ever be the intention of Parliament. We do not concur With all the interpretation supplied from the Large Court click here and maintain that the desire accruing beneath the Coal Act is the money paid out to your Commissioner in relation on the coal mine and the same should be utilised with the Commissioner in meeting the promises in the creditors and discharging other liabilities in accordance With all the provisions of the Coal Act.
The item of offering and prescribing a two-calendar year period of time read more was in order to make sure that the land loser was confident in the payment to generally be paid out in pursuance of the acquisition of his land in a reasonable period of time that is said to be two decades below Portion 11A from the Act, 1894.
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