Civil Procedure Code, 1908, Order 23, Rule 3 -- Withdrawal of suit - At appellate stage - Suit dismissed by holding that mere suit for injunction is not maintainable as the plaintiff was also required to seek declaration as well - Held, dismissal of suit by holding the suit is not maintainable for want of seeking another prayer is a formal defect which can be allowed to be..........
Maharashtra Control of Organised Crime Act, 1999, Section 2(e), 23, Constitution of India, 1950, Article 226 -- Writ Petition seeking direction to the State Govt. to establish Review Committee so as to screen abuse of MCOCA - Indirectly petitioner wants indulgence of the Court to direct legislature either to amend MCOCA or to enact a new law - Held, Court cannot assume..........
Hindu Marriage Act, 1955, Section 13, 23 -- Divorce petition by husband on ground that there has no restitution of conjugal rights after passing of decree of restitution of conjugal rights - Husband himself disobeyed order of Court and did not allow wife to join him and lead marital life - Wife was always reading and willing to join company of husband - This was so..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Severance of land - Land of land owner bifurcated owing to acquisition - Left out land difficult to cultivate or irrigate - Held, landowner entitled compensation @ 30% of the value of the acquired land on account of damages for severance...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Land owner relied on sale deed registered quite close to notification under Section 4 of the Act - Held, sale deed cannot be relied upon as it was registered by one of the persons, whose land was to be acquired merely 13 days thereafter - Effort was to create evidence as the vendor was interested party - Both,..........
Land Acquisition Act, 1894, Section 23, 24 -- Land acquisition - Compensation - Agricultural activity - Consequential or remote benefits - Held, consequential or remote benefits occurring from an agricultural activity is not a relevant consideration for determination of the fair market value - It is only the direct agricultural crop produced by the agriculturist from the..........
Land Acquisition Act, 1894, Section 23, 24 -- Land acquisition - Compensation - Question as to whether use of agricultural yield for production of some other final product can be the basis of determining the fair market value of the acquired land - Held, what is required to be assessed, is the land and its existing potentiality alone as on the date of acquisition -..........
Land Acquisition Act, 1894, Section 23, 24 -- Land acquisition - Compensation - Onus to prove entitlement to receive higher compensation is upon the claimants...........
Land Acquisition Act, 1894, Section 23, 24 -- Land acquisition - Compensation - Extent of compensation depends on the facts and circumstances of each case and it is not possible to set any absolute legal principle as a panacea which uniformly will be applicable or capable of being applied as a binding precedent de hors the facts of a given case...........
Land Acquisition Act, 1894, Section 23, 24 -- Land acquisition - Compensation - Where there is commonality of purpose and common development, compensation based on statistical data of adjacent villages was held to be proper...........
