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You can find conditions wherein tasks have appear up partly and According to approach remainder of the area is necessary for planned enhancement with regard to which interim stays have already been attained. It isn't the intendment from the law to provide advantage to relentless litigants.
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“Kahiye ki kya sunau afsane khushgawari ke, ye shehar hai tehzeeb aor nawabo ka, har shaks yahan bolta meetha hai” – Mohd Afzal Khan (Creator)
"26. Within our view, website the basic principle of restitution normally takes care of the submission. The phrase "restitution" in its etymological perception implies restoring to a party to the modification, variation or reversal of a decree or buy, what more info is shed to him in execution of decree or purchase of your courtroom or in immediate consequence of the decree or get (see Zafar Khan v. Board of Income, U.P. [1984 Supp SCC 505]). In regulation, the phrase "restitution" is Utilized in a few senses:
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2014) though the Bodily possession of your land has not been taken or perhaps the payment has not been paid, then the claimed proceedings of acquisition shall be considered to own lapsed. An interpretation of sub-portion 2 of Area 24 of your Act is created by this Court docket in Indore Improvement Authority (supra). It's been Evidently held in para that even though calculating the duration of 5 years the period for the duration of which civil lawyer in ayodhya an interim get was under operation has to be excluded.
wherein there might be interim orders which includes but not restricted to "remain of further more proceedings", "keep of dispossession" or "position quo to become managed by both equally the land owner along with the attaining authority".
320. The maxim actus curiae neminem gravabit is Launched on the principle resulting from court proceedings or functions of court docket, no celebration really should endure. If any interim orders are made in the pendency from the litigation, These are subject to the final determination during the make check here a difference.
Even though there had been a provision designed with regard towards the exclusion of time put in during the court proceedings with respect to interim stay on account of courtroom's get, it might have been ex abundanti cautela, that has been considered by this Court docket in Union of India v.
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