Land Acquisition Act, 1894, Section 23 -- Market value - Comparable sale - Land acquired situated within municipal limits and was adjacent to existing colonies - Land acquired in the present case had great potential value for urban purposes, i.e. commercial, industrial and residential - Land of `K' acquired in same year much nearer to land acquired to present case than..........
Land Acquisition Act, 1894, Section 23(1A), 28 -- Solatium - Award of District Judge passed on 09.11.1983 which is subsequent to the introduction of Land Acquisition Bill in Parliament as such claimants are entitled to solatium - As regards additional amount so determined, petitioners are entitled to interest as provided u/s 28 of the Act from the date of S.4(1)..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Compromise decree - Separate suit to set aside - Decree under challenge alleged to be not merely lack of consent but also a case of impersonation - Held, suit for setting aside decree is maintainable...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Property transferred and transferee impleaded as respondent in appeal - Such a transferee was virtually in the position of plaintiff having obtained a valuable right from the plaintiffs, who had obtained a successful decree - In such a situation, there is no question of plaintiff..........
Indian Medical Council Act, 1956, Section 23 -- PIL - Preparing false and fictitious medico-legally reports (MLRs)/medical certificates/medical opinions on extraneous consideration - Held, in order to completely tam monster of fabricated, false and procured medical reports or other related material which directly interfere in administration of justice, it would be..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file a fresh suit on the same cause of action - Suit for mere declaration filed without seeking further relief of possession - Suit was likely to be dismissed as plaintiff was not in possession - Prayer cannot be declined on the ground that relief of possession was not initially sought and..........
Civil Procedure Code, 1908, Section 176, 346, Order 23, Rule 3, 3A - - Compromise decree - Challenge to - Remedies available - Held, parties to a compromise if allege it to be an outcome of fraud, misrepresentation or duress have to approach the very same court itself for setting aside the same - Regular appeal assailing the judgment and decree of partition passed on..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - There is no total bar to widen the scope of consent terms - It may cover other subjects or relief though not part of the suit - Court while passing the consent terms/decree needs to consider the relevant laws and once satisfied, Court is empowered to pass consent decree on all issues and/or subjects which may..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 23 -- Appeal - Condonation of delay - S.23 of the Act itself provides for extension of limitation - Provision must be given a full application to allow Chief Settlement Commissioner to entertain appeal if sufficient cause is shown - In the instant case appeal filed beyond period of 30 days and no..........
Civil Procedure Code, 1908, Section 23(3), 25, 22, 24 -- Transfer and withdrawal of cases - Powers of High Court - Case pending in a Court subordinate to another High Court - Held, in matter of transfer/withdrawal of a case pending in a Court subordinate to one High Court to/from a Court subordinate to another Court, the power is vested only with Supreme Court in view of..........
