Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Cannot be challenged by way of separate suit by the parties to the compromise decree - A person not party to the compromise decree can challenge the same by filing separate suit and not U.O.23.R.3-A CPC...........
Specific Relief Act, 1963, Section 23 -- Suit for specific performance - Where the agreement of sale contains only a provision for payment of damages or liquidated damages in case of breach and does not contain any provision for specific performance, the party in breach cannot contend that in view of specific provision for payment of damages, and in the absence of a..........
Specific Relief Act, 1963, Section 23 -- Suit for specific performance - Material on record showed that plaintiff committed breach - Thus in view of stipulation in the agreement earnest money stood forfeited - Plaintiff not entitled for the refund of earnest money...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Development charges - Can range between 20 to 75 percent - However, deduction should be appropriate deduction befitting the situation, location and nature of the land - If the land is already developed and could be used as a commercial/residential plot, deduction should be on the..........
Land Acquisition Act, 1894, Section 23, 23(1), 28, 34, 54 -- Land acquisition - Compensation - Enhancement of compensation without any supporting reasons and ignoring relevant evidence cannot be said to be legal and valid - Such course is impermissible in view of clear evidence relied upon and exhibited by claimants i.e. sale deeds executed in proximity to the date of..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Development charges - Deduction - Large tracts of land acquired but sale instances of small pieces of land - Land pertaining to sale deeds highly developed and better located with better connectivity - Deduction of 65% of land value just and appropriate - Compensation awarded by High..........
Land Acquisition Act, 1894, Section 2392), 23(1A) -- Land acquisition - Compensation - Additional compensation - High Court order pronounced prior to judgment in Sunder Vs UOI - Appeal was pending before Supreme Court - Ratio of said decision entitled appellants to receive benefits u/s 23(2) and 23(1A) which can be claimed only from the date of judgment in such case...........
Land Acquisition Act, 1894, Section 23(1A), Constitution of India, 1950, Article 226 -- Additional compensation - High Court disposed of writ with a direction to Housing Commissioner to provide funds as asked by Additional District Magistrate and further direction to Land Acquisition Officer to pass appropriate order on the application for payment of such compensation -..........
Hindu Marriage Act, 1955, Section 23 -- Divorce - Cruelty - On the part of husband - Wife living with husband for about a decade and complaining later about cruelty - Assumption that improved financial position of wife viz. that she was unemployed when she entered matrimony but subsequently entered Government service as a Nurse was prompting her to claim divorce - Not a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 23, 28 -- Recovery of 1985 grams of heroine from the handbag which accused was carrying - Non examination of public witnesses who had been joined in seizure - Summons sent to these witnesses returned back unserved with the report that addresses were wrong - Held, prosecution case cannot be rejected on the..........
