Jammu and Kashmir Civil Procedure Code, 1977, Order 23, Rule (1)(3) -..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise by counsel - Validity and legality - Right vested in wife under judicial order cannot be relinquished by her counsel and that too in her absence - Injunction suit brought by wife as husband gifted land to his brother, which was in possession of wife in lieu of maintenance claim - Proposal for compromise already..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Parties settled the matter amicably, amount received by respondents, possession given to appellants - Decree ordered to be passed in terms of compromise deed...........
Andhra Pradesh (Agriculture Produce and Live Stock) Markets Act, 1966, Section 12B(5), 23, 12, 12(1), 12A -..........
Civil Procedure Code, 1908, Order 23, Rule 3, 4, Motor Vehicles Act, 1988, Section 166 -- Sanctity of recitals in Court proceedings - Claim petition before Tribunal on account of injury sustained in motor accident - Tribunal awarded compensation stating an order that it was with consent of parties, though nothing in writing about consent - In appeal before High Court,..........
Land Acquisition Act, 1894, Section 23, Standard of Weights and Measures Act, 1976, Section 4, 5 -- Bigha - Units of measurement - Use of - Held, a `bigha' as a unit of measurement varies in extent in different parts of India - Term `gunta' is prevalently used to refer to one-fortieth of an acre in Maharashtra, Karnataka and Andhra Pradesh - But word refers to same extent..........
Land Acquisition Act, 1894, Section 23,54 -- Acquisition of land - Compensation - Sale instances - Rejection on ground of distance - Held, distance of sale instances and land acquired is not material - What is material is the distance of the two from the city - Moreover when State does not lead any evidence as to potentiality of the sale instances and land acquired then..........
Land Acquisition Act, 1894, Section 23,54 -- Acquisition of land - Compensation - While reducing the amount of compensation, High Court did not keep in view of giving benefit of escalation in land prices to the landowners and making appropriate deduction towards development cost and not giving cogent reasons for reducing the amount of compensation in lieu of damage to..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of Land - High Court relying on determination of market value in previous judgments granted further enhancement - Challenged on the ground that High Court was not justified as determination of market value made in those judgments has not been approved by the Supreme Court - Held, High Court did not commit any error...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Liberty to file fresh suit - Application for amendment of suit dismissed on the ground that proposed amendment would completely change the nature of suit - Prayer to withdraw suit with liberty to file a comprehensive suit rejected by trial Court - Legality of - Held, having disallowed petitioner to claim..........
