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    <title>2014 (2) TMI 1413 - Supreme Court</title>
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    <description>A purely legal objection to the applicability of the Public Premises Act could be entertained despite earlier non-pressing of that point, because res judicata and constructive res judicata did not bar a challenge going to statutory applicability. On retrospectivity, the Act was treated as operating prospectively in this context and could not be used to evict an occupant whose possession and protection predated the Act&#039;s applicability. Earlier authorities were distinguished, and the discussion under Article 254(1) did not change that result. The eviction orders were set aside, and the occupant&#039;s challenge succeeded.</description>
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      <title>2014 (2) TMI 1413 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=303344</link>
      <description>A purely legal objection to the applicability of the Public Premises Act could be entertained despite earlier non-pressing of that point, because res judicata and constructive res judicata did not bar a challenge going to statutory applicability. On retrospectivity, the Act was treated as operating prospectively in this context and could not be used to evict an occupant whose possession and protection predated the Act&#039;s applicability. Earlier authorities were distinguished, and the discussion under Article 254(1) did not change that result. The eviction orders were set aside, and the occupant&#039;s challenge succeeded.</description>
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      <pubDate>Tue, 25 Feb 2014 00:00:00 +0530</pubDate>
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