Land Acquisition Act, 1894, Section 18, 23 -- Acquisition of land - Smallness of plots - Deduction - Held, deduction of 50% for purpose of determining compensation proper...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - Order of remand must be in conformity with O.41.Rr.23, 23-A & 25 CPC - Remand is not to be ordered if case does not fall under these provisions...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - There is no rule that a compromise decree should be an executable one or that it could not be one dismissing suit - When there is a compromise between parties, what is required is that Court has to order such agreement, compromise or satisfaction to be recorded and pass a decree in accordance therewith so..........
Civil Procedure Code, 1908, Order 23, Rule 3, Registration Act, 1908, Section 17.(2)(vi) -- Compromise decree - A decree on a compromise concerning property which is subject matter of suit or proceeding does not require registration...........
Evidence Act, 1872, Section 115, Civil Procedure Code, 1908, Order 23, Rule 3 -- Partition - Compromise - Estoppel - Compromise and subsequent conduct of respondent spread over about 38 years has made appellant to believe that latter is absolute owner of suit property - Appellant enjoyed property as its absolute owner effecting mutation, paying revenue and making..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Consent decree - One party setting up compromise and the other party disputing it - Court passing decree after enquiry - Held, a decree which is passed on the basis of compromise based on enquiry is not a consent decree...........
Civil Procedure Code, 1908, Section 96(3), Order 23, Rule 3, 3A -- Consent decree - Appeal thereagainst does not lie being barred u/s 96(3) CPC...........
Land Acquisition Act, 1894, Section 23, 28A -- Land acquisition - Compensation - Market value - In case the land of claimant is acquired in close vicinity of the purchase, the consideration paid by such claimant to the vendor is the best evidence of the market value of the land - Court should not award more unless it is possible to reach a different conclusion -..........
Land Acquisition Act, 1894, Section 23, 28A -- Land acquisition - Compensation - Market value - Cumulative increase of 10 to 15% per year in the market value of the land may be accepted unless the State agencies or acquiring authority prove otherwise...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Abandonment of part of claim - After institution of suit, plaintiff is free to either withdraw the suit or abandon part of his claim as against all or any of defendants when no right has already accrued to the other party in suit - No specific form is required for seeking such a relief and even an application need not to be..........
