LexLords NRI Legal Services Smethwick By NRI Legal Services LexLords

The said claim was later on revised to Rs. The fixing of an anterior date for the ascertainment of value may not, in certain circumstances, be a violation of the constitutional requirement as, for instance, when the proposed scheme of acquisition becomes known before it is launched and prices rise sharply in anticipation of the benefits to be derived under it, but the fixing of an anterior date, which might have no relation to the value of the land when it is acquired, may be, many years later, cannot but be regarded as arbitrary.

The respondent-Assessee filed a refund claim for Rs. The power of the Court is not meant to be exercised for unjustly enriching a person. 1989 towards excise duty paid on various taxes and discounts such as turnover tax, surcharge, additional sales discounts, transitory insurance, excise discounts, additional discounts and turnover discounts. 1988 and a supplementary refund claim for Rs. The learned Judges (1) [1946] HCA 11; 72 C.

The doctrine of unjust enrichment is, however, inapplicable to the State. State represents the people of the country. That Section reads as follows: The expression NRI legal services (go to my site) proceeding has been the subject matter of consideration in the Federal Court decision in Governor-General in Council v. Singh has seriously opposed the same. Turning now to the provisions relating to compensation under the impugned Act, it will be seen that the latter part of the proviso to section 8 limits the amount of compensation so as not to NRI Legal Services exceed the market value of the land on December 31, 1946, no matter when the land NRI legal services (click here to read) is acquired.

Tulsi, learned senior counsel appearing for the appellant submits that he intends to file an application before the learned Magistrate and hence, liberty may be granted. In that decision Section 171 of the Indian Companies Act, 1913 came up for consideration. Secondly, it was said that section 101 of the Government of India Act, 1935, which gave effect to the stipulation in the Instrument of Accession against the imposition by the Dominion Legislature. Mary, Whitechapel(1) 1: "It was said that the operation of the statute is confined to persons who have become widows after the Act was passed and that the presumption against a retrospective statute being intended supported this construction.

Notices were issued to the landowners to receive the compensation and since they did not receive the compensation, the amount (Rs 27 crores) was deposited in the Government treasury. Can it be said that deposit of the amount of compensation in the Government treasury is equivalent to the amount of compensation paid to the landowners/persons interested? No person can seek to collect the duty from both ends. Ordinarily, as the subject matter of challenge before the High Court was pertaining to Academic Year 2015-16, the dispensation directed in terms of Order dated 12th May 2016 should apply thereto.

2016 by this Court should have prospective effect or also apply to admissions for academic year 2015-16. or (c) be executed by the Central Registrar or any person authorized by him in writing in this behalf, by attachment and sale or sale without attachment of any property of the person or a multi-State co-operative society against whom the decision or order has been made. But we have before shown that the statute is in its direct operation prospective as it relates to future removals only and that it is not properly called a retrospective statute because a part of the requisites for its action is drawn from time antecedent to its passing.

The doctrine of unjust enrichment is a just and salutary doctrine. Shiromani Sugar Mills Ltd. The respondent in the above appeal is a manufacturer of cutting tools. Now, this is admitted position that award was made on 31-1-2008. to force, the fixing of the market value on December 31,1946, as the ceiling on compensat I ion, without reference to the value of the land at the time of the acquisition is arbitrary and cannot be regarded as due compliance in letter and spirit with the requirement of article 31 (2).

" It is, however, unnessary to pursue NRI legal services (click here to read) this aspect of the matter further as we have held that Parliament has the power to make retroactive laws. of any tax or duty in the territory of the United State of Rajasthan, was kept alive, notwithstanding its repeal by article 395 of the Constitution, by section 6 of the General Clauses Act,, 1897, [which is made applicable to the interpretation of the Constitution by article 367 (1)] as a " right" or "privilege" acquired under the repealed enactment, and so (1) (1848) i2 Q.

The claim of the Assessee was that the said amount was deductable from the excise duty. No one can speak of the people being unjustly enriched. The last question that needs to be answered is whether the arrangement directed in terms of order dated 12. In other words, he cannot collect the duty from his purchaser at one end and also collect the same duty from the State on the ground that it has been collected from him contrary to law. Considering that the impugned Act is a permanent enactment and lands may be acquired under it many years after it came in.

Provided that if such compensation or any part thereof is not paid or deposited within a period of one year from the date on which possession is taken, interest at the rate of fifteen per centum per annum shall be payable from the date or expiry of the said period of one year on the amount of compensation or part thereof which has not been paid or deposited before the date of such expiry.