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    <title>1995 (11) TMI 448 - Supreme Court</title>
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    <description>Clauses 3 and 4 of the Allotment of Government Residence (General Pool), New Delhi Rules, 1963 could not be used to recover market-rate licence fee or damages from a Government servant who owned a house only as a joint owner, where the house was under a valid pre-amendment tenancy and was not available for immediate possession. The rules were meant to require surrender of Government accommodation only when the officer or family member could actually shift to the owned house. Because the officer could not do the impossible, lex non cogit ad impossibilia applied. The levy of excess licence fee or damages was therefore unsustainable, and refund was due.</description>
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    <pubDate>Thu, 23 Nov 1995 00:00:00 +0530</pubDate>
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      <title>1995 (11) TMI 448 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=176697</link>
      <description>Clauses 3 and 4 of the Allotment of Government Residence (General Pool), New Delhi Rules, 1963 could not be used to recover market-rate licence fee or damages from a Government servant who owned a house only as a joint owner, where the house was under a valid pre-amendment tenancy and was not available for immediate possession. The rules were meant to require surrender of Government accommodation only when the officer or family member could actually shift to the owned house. Because the officer could not do the impossible, lex non cogit ad impossibilia applied. The levy of excess licence fee or damages was therefore unsustainable, and refund was due.</description>
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      <pubDate>Thu, 23 Nov 1995 00:00:00 +0530</pubDate>
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