Topic

Section 28

8 articlesLatest 5 days ago
Customs Act | Joint Several Demand on High Sea Seller's Director Impermissible; Recovery Only From Actual Importer : CESTAT Kolkata
Case Law Analysis
|Custom, Excise & Service Tax Tribunal

Customs Act | Joint Several Demand on High Sea Seller's Director Impermissible; Recovery Only From Actual Importer : CESTAT Kolkata

The tribunal ruled that customs duty can only be recovered from the actual importer of goods, not from directors of companies that sold title documents on the high seas. This bars revenue from issuing joint several demands against high sea sellers' directors, protecting corporate officers from liability for obligations that legally belong solely to the importer.

Ex-parte decree for specific performance may be rescinded if balance consideration is deposited after unreasonable delay | Section 28 Specific Relief Act : Madras HC
Case Law Analysis
|Madras High Court

Ex-parte decree for specific performance may be rescinded if balance consideration is deposited after unreasonable delay | Section 28 Specific Relief Act : Madras HC

A Madras High Court second appeal confirmed that an ex-parte decree under Section 28 of the Specific Relief Act can be set aside when the balance sale price is deposited after an unreasonable delay. The decision upholds the 1988 sale deed and signals that delayed payments defeat specific-performance orders, affecting buyers and sellers in property deals.

Interest on excess compensation under Section 28 must be calculated from SPLAO award date, not from temporary possession | Land Acquisition : Gujarat HC
Case Law Analysis
|Gujarat High Court

Interest on excess compensation under Section 28 must be calculated from SPLAO award date, not from temporary possession | Land Acquisition : Gujarat HC

The Gujarat High Court held that interest on excess compensation under Section 28 of the Land Acquisition Act accrues from the date of the Special Land Acquisition Officer’s award (or permanent possession), not from the date of temporary possession. This limits claimants' interest entitlement and clarifies future compensation calculations in land-acquisition cases.

Sec 28 LAA 1894 - Simple (not compound) interest on compensation; fresh objection barred after five years | Punjab & Haryana HC
Case Law Analysis
|Punjab and Haryana High Court

Sec 28 LAA 1894 - Simple (not compound) interest on compensation; fresh objection barred after five years | Punjab & Haryana HC

The Punjab & Haryana High Court held that interest payable on land-acquisition compensation must be calculated on a simple-interest basis, not compounded, and that a petition filed after five years cannot raise a new objection. It also ordered correction of the arithmetic error under Section 152 CPC. The ruling affects all landowners receiving compensation under the 1894 Act.

Interest on Land Acquisition Compensation Runs From Award Date, Not Notification Date | Section 11 vs Section 4(1) : Bombay HC (Aurangabad Bench)
Case Law Analysis
|Bombay High Court

Interest on Land Acquisition Compensation Runs From Award Date, Not Notification Date | Section 11 vs Section 4(1) : Bombay HC (Aurangabad Bench)

The Bombay High Court (Aurangabad Bench) ruled that interest on land acquisition compensation accrues from the date of the award under Section 11, not the notification date under Section 4(1). This aligns with the Full Bench decision in State of Maharashtra v. Kailash Shiva Rangari, impacting pending and future land acquisition disputes in Maharashtra.