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SABKA VISHWAS (LEGACY DISPUTE RESOLUTION) SCHEME 2019

Punjab Land Revenue Act S. 16 –  Financial Commissioner, Haryana, would have the jurisdiction to entertain the revision petition as the proceedings have been initiated in the year 2006.

Local Commissioner – Order refusing to appoint – Not a revisable order. [PLRonline 402605]

Punjab Land Revenue Act, Section 16(1) – Sanad takseem – Order of the Collector being merged in the order of the Commissioner can be assailed only with the Financial Commissioner. [PLRonline 316002]

Order 16 Rule 1 of the CPC is not mandatory but is directory in nature.n [PLRonline 247082]

Land Acquisition Act S. 12(2)- Once the notice under Section 12(2) of the LA Act was issued and served upon the original writ petitioner and he was called upon to collect the compensation and thereafter, when he did not come to collect the compensation and then the compensation was sent to the revenue deposit, thereafter it would not be open for the original writ petitioner to contend that acquisition proceedings have lapsed.[ PLRonline 413600]

Cruelty  –  Mere filing of a criminal case itself cannot be termed as “cruelty” | Desertion – Having regard to the nature of the allegations made in the complaint cannot be said that the wife had no valid reason to leave the company of the husband. [PLRonline 401605]

Children custody – Best Interest of Child – Scope of – Habeas Corpus – Children natural citizens of USA , are in the grips of their mother – Continuance of present status, will damage their progress in academics, and their emotional quotient. [(2023-1)209 PLRIJ 059]

“Understanding Burden of Proof for Input Tax Credit Claims under Karnataka Value Added Tax Act, 2003”

Satish Chander Ahuja v. Sneha Ahuja, 2021 PLRonline 9094 (SC)

POEMS&CRIMES Street Art

Hindu Marriage Act, S. 28-A – Enforcement/Execution of orders of maintenance

Hindu Marriage Act, S. 24 – Permanent alimony – Quantum of maintenance – CrPC S. 125

Hindu Marriage Act, S. 24 – Maintenance – Where several marriages last for a short time – Inequitable to direct the contesting spouse to pay permanent alimony to the applicant for the rest of her life – Duration of marriage would be a relevant factor – Permanent alimony

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SABKA VISHWAS (LEGACY DISPUTE RESOLUTION) SCHEME 2019

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Sabka Vishwas (Legacy Dispute Resolution) Scheme 2019- Sec. 121, 129

As noted above, the Scheme being a piece of reformative legislation, ‘redemption fine’ that is a penalty in rem must clearly be shown to have been excluded from the meaning of the word ‘penalty’ used in Section 129 of the Scheme, before it may be inferred that a Discharge Certificate may be issued only upon payment of the ‘redemption fine’/ penalty in rem. In absence of any provision to exclude ‘redemption fine’/penalty in rem from the benefits of the Discharge Certificate contained in Section 129 of the Scheme, no such inference may be drawn, against the plain language and intent of the Scheme. In absence of any express exclusion created by the Scheme, ‘redemption fine’ would always remain a ‘penalty’ covered under the meaning of that word used in Section 129(1)(a) read with Section 121 (u) of the Scheme. Thus, we have reached the same conclusion on the point as the Gujarat High Court, but for reasons of our own.

M/s. Jay Shree Industries v. Union of India , 2021(7) ADJ 379(DB)]

Tags: abka Vishwas (Legacy Dispute Resolution) Scheme 2019

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      • Punjab Town Improvement Act, 1922
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