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The Kannan Devan Hills (Resumption of Lands) Act, 1971[1] Complete Act

State: Kerala

Year: 1971

.....with both. 13. Right to use private way ."(1) Any officer of the Government exercising any power or performing any func tion under this Act or any rule or order made thereunder shall, in the exercise of such power or the performance of such function, be entitled to use any private way in any land, the possession of which has not vested in the Government under sub-section (1) of section 3, and it shall not be lawful for any person to obstruct such officer from so using such way. (2) Any member of the public shall be entitled to use any private way in any land, the possession of which has not v ested in the Government under sub-section (1) of section 3, for the purpose of entry into or exit from any land, the possession of which has vested in the Government under the said sub-section, and it shall not be lawful for any person to obstruct any member of the public from using such way for such purpose. (3) If any person contravenes the provisions of sub section (1) or sub-section (2), he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 14. Bar of jurisdiction of civil courts . ".....

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Bombay General Clauses Act, 1904, (Maharashtra) Section 3

Title: Definitions

State: Maharashtra

Year: 1904

.....the year commencing on the first day of April; "Good faith" (20) "Good faith", a thing shall be deemed to be done in "good faith" where it is in fact done honestly, whether it is done negligently or not; NOTES Good faith.-See section 2(7) of the Indian Limitation Act, 1908, section 52 of the Indian Penal Code and section 178 of the Indian Contract Act. An ex parte decree was passed on February 12, 1935 by Ahmednagar Court and it was transferred to Poona Court on February 25, 1935. The decree was set aside on January 15, 1936. Again an ex parte decree was passed in 1936. No darkhast for execution of the subsequent decree was filed till June, 16, 1947, but four darkhasts were filed successively in Poona Court to execute the earlier decree of 1935 and were disposed off in 1936, 1939, 1942 and 1946 respectively. A fifth darkhast was filed in 1946 to execute the earlier decree and an application made in 1947 to amend the darkhast so as to execute the subsequent decree. It was held, that the decree holder was not entitled to claim relief under section 14(2) of the Indian Limitation Act as the previous darkhasts were not prosecuted in good faith.-Sadashiv Shivramv. Govind.....

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