Court : Supreme Court of India
Decided on : Mar-06-2020
..... as envisaged in the code of civil procedure and as such the state legislature was competent to legislate under entry 13 of list iii for enacting the 1987 act.68. a full bench of the punjab and haryana high court in rajinder singh v. kultar singh air1980p&h1 touching the same topic stated thus: (air p.1) so far as the high courts are concerned ..... of such 80 (1928) 1 kb56181 air1963sc163897 members if he is not otherwise disqualified to be a member and is willing to serve as such. section 5(2) prescribes the disqualifications specified in clauses (a) to (g) unsoundness of mind adjudicated upon by competent court, conviction involving moral turpitude; adjudication as an insolvent or the status of an undischarged insolvent; minority ..... in case authorities are restrained by interim order passed by the court in a pending litigation, the land acquisition cannot lapse by including the period for which interim stay order preventing the authorities from taking action has operated. reliance has been placed on the principles contained in maxim actus curiae neminem gravabit . it was also submitted even in the absence of ..... in the office of the president before the expiration of the term of office in the case of death of a candidate as may appear from section 7 of the 1952 act does not rob article 62(1) of its mandatory character. the maxim of law impotentia excusat legam is intimately connected with another maxim of law lex non cogit ad impossibilia .....Tag this Judgment!