Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Market value - Determination of - The acquired land is adjoining to the already set up Sugar Mill located merely at a distance of three kilometers from G.T.Road - There are number of rice shellers and cold storages in the area - For the acquired area in question, the minimum rates fixed for the year 2004-05..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Magistrate can grant interim maintenance ex parte on basis of affidavit...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Income of husband Rs.28738/- per month - Grant of interim maintenance Rs.5,000/- per month - Petitioner has not denied the fact of marriage or income or fact of separate living - Held, order of interim maintenance passed after examining attending circumstances cannot be said to..........
Protection of Women From Domestic Violence Act, 2005, Section 23,31 -- Interim maintenance - Implementation - Order passed u/s 23 of the Act cannot be implemented under S.31 of the Act - Power is given u/s 28 of the Act for implementation of order of interim maintenance - Moreover Rule 6(5) of Rules framed u/s 37 of the Act also lays down the procedure - Held, in view of..........
Stamp Act, 1899, Article 23 -- Schedule 1-B, Explanation - Agreement to sell - Agreement not disclosing that possession was delivered before its execution or at the time of its execution or that it was agreed between parties that possession will be delivered without execution of deed of conveyance - Agreement of sale cannot be treated as deed of conveyance...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Formal defect - Liberty to file fresh suit - Plaintiffs in their plaint have sought declaration and permanent injunction only - However, plaintiffs now are admittedly not in possession of suit property - Consequently, they have to claim relief of possession of suit property - Held, for granting permission..........
Evidence Act, 1872, Section 23 -- Admission - Held, admission cannot be treated as conclusive and it is open to parties to show that it is not true...........
Civil Procedure Code, 1908, Section 104, Order 43, Rule 1(u), 23, 23A -- Order passed in appeal - Bar to further appeal - Applicability of - Held, in terms of provisions of S.104(1) of the Code only such appeal is provided as mentioned in aforesaid provisions read with different types of order as mentioned in O.43.R.1 of the Code - Order passed on such appeals, there would..........
Provisional Small Cause Courts Act, 1887, Section 23 -..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Appointment of commissioner - Powers of appellate Court - Exercise of - Held, it is well settled that the order of remand for re-trial can be done only in exceptional cases and if there is sufficient evidence before appellate court the court itself can decide the case as first appellate court is the last..........
