Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Limitation dura lex sed lex |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Land Acquisition Act, 1894 - s.28A - Limitation for filingapplication for re-determination of compensation uls.28A ofthe Act - If commences from the date of the award or fromthe date of knowledge of the award on the basis of which suchapplication is being filed - Held: As the Land AcquisitionCollector is not a court and acts as a quasi judicial authoritywhile making the award, the provisions of the 1963 Act wouldnot apply and, therefore, application uls.28A of the Act, hasto be filed within the period of limitation as prescribed u/s. 28A- Such application is to be filed within 3 months from the dateof the award of the court - Period of limitation is to becalculated excluding the date on which the award was madeand the time requisite for obtaining the copy of the award -Date of acquisition of knowledge by the applicant is notrelevant - Law of limitation may harshly affect a particularparty but it has to be applied with all its rigour when the statuteso prescribes - The Court has no power to extend the periodof limitation on equitable grounds -"Inconvenience is not" adecisive factor to be considered while interpreting a statute -Limitation Act, 1963 - Maxims - Maxim "dura lex sed lex" -Applicability. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2013 INSC 554 |
Petitioner | Popat Bahiru Govardhane Etc. |
Respondent | Special Land Acquisition Officer & Anr. |
SCR | [2013] 8 S.C.R. 241 |
Judgement Date | 2013-08-22 |
Case Number | 6976-6980 |
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