SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Dhanraj Vs. State of Maharashtra [30/07/18]

Dhanraj Vs. State of Maharashtra

[Civil Appeal No(S). 7311-7312/2018 arising from SLP (C) Nos. 6907-6908/2016]

KURIAN, J.

1. Leave granted.

2. This is a case where reference under Section 18 of the Land Acquisition Act, 1894 was dismissed for nonpayment of requisite court fee. Attempt for restoration was in vain. The High Court was also not inclined to interfere with the order passed by the Reference Court. Thus, the appellant is before this Court.

3. We find that in similar matters Reference Court has entertained the application(s) on condition of waiver of the statutory benefits for the period covered by delay, pursuant to the orders passed by the High Court.

4. The appeals are hence disposed of as follows:- Subject to the appellant paying the required court fee, within one month from today, the application for reference will stand restored. However, we make it clear that in the event of Reference Court granting any enhancement, the appellant shall not be entitled to any statutory benefits for the entire period i.e from the date of dismissal (07.02.2001) of the reference to this date (30.07.2018).

5. Pending applications, if any, shall stand disposed of.

6. There shall be no orders as to costs.

…………………..J. [KURIAN JOSEPH]

…………………..J. [SANJAY KISHAN KAUL]

NEW DELHI;

JULY 30, 2018.

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation