Land Acquisition Act, 1894, Section 23-- Acquisition of land - Compensation - Enhancement of - Value of pomegranate trees - Supreme Court fixed compensation @ Rs.3000 per pomegranate tree in another appeal, as against Rs.2000 as fixed by High Court in respect of acquisition for same project - It would be just, reasonable and proper to..........
Partition-- Settlement between parties - Tehsildar accordingly forwarded report and made an equitable distribution of property by demarcating it in metes and bounds - Appeal disposed of in terms of report submitted by Tehsildar and same shall form part of the decree...........
Criminal Procedure Code, 1973, Section 125, 397, 482-- Revision - Order rejecting or allowing an application for maintenance u/s 125 Cr.P.C is not an interlocutory order which adjudicates rights of parties to some extent - Revision against said order is maintainable u/s 397 Cr.P.C - Application u/s 482 Cr.P.C against such order thus, not maintainable,..........
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Neither FIR nor charge sheet mention the name of appellants - Complainant mentioned the names of appellant for first time in High Court that too without any substantive evidence - Impugned order of High Court to summon additional accused, not justified, hence set..........
Employee's Compensation Act, 1923, Section 30-- Appeal - Order awarding compensation - Death of employee - Commissioner rightly decided all material questions arising in case properly on the basis of evidence adduced by parties and rightly determined compensation which was affirmed by High Court - Concurrent findings of fact of two Courts below..........
Civil Procedure Code, 1908, Order 41, Rule 31-- First appeal - Judgment of first appellate Court shall be in writing and shall state (a) the points for determination; (b) the decision thereon; (c) the reasons for the decision; and (d) where the decree appealed from is reversed or varied, the relief to which the appellant is entitled; and shall..........
Civil Procedure Code, 1908, Order 41, Rule 31-- First appeal - While reversing a finding of fact appellate court must come into close quarters with the reasons assigned by the trial court and then assign his own reasons for arriving at a different finding - When appellate court agrees with views of trial court on evidence, it need not restate..........
Civil Procedure Code, 1908, Order 41, Rule 9, Civil Procedure Code, 1908, Order 44, Rule 1-- Leave to appeal as an indigent - Delay in filing appeal - An appeal accompanied by a delay petition is a valid appeal registered on the date of filing and is to be numbered - The above rule applies equally to indigent appeal U.O.44.R.1 of CPC...........
Civil Procedure Code, 1908, Order 41, Rule 9-- Leave to appeal - Delay in filing - Condonation of delay - Question arose as to whether appeal to be numbered on date of filing or to date of condonation - Held, a valid appeal is registered on its filing for all practical purposes even if appeal and C.M.C.(P) are accompanied by a petition to..........
Specific Relief Act, 1963, Section 39-- Suit for mandatory injunction - Against a family member who is in joint possession of property - Maintainability - Property belongs to mother - She permitted both sons to reside in the same house jointly but executed Will in favour of plaintiff only - Once it is established that defendant has no..........
