Civil Procedure Code, 1908, Order 23, Rule 3-A -- Separate suit to challenge a decree based on compromise which is not lawful is not maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 23(2), 25, 29 -- Interim relief granted to wife that husband shall remove himself from the house of complainant - On very same day husband filed an application u/s 25(2) of the Act for modification of order and Magistrate modified the order permitting husband to reside in shared house hold - Said order modified..........
Consumer Protection Act, 1986, Section 23 -- Medical negligence - Original record and X-Ray films filed but not sent to expert for his opinion due to negligence of Assistant Registrar - Application filed to this effect but rejected - Appellant not to suffer for negligence of Assistant Registrar - All original records be sent to the expert - Case be decided afresh after..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Appeal - Withdrawal of appeal and suit sought - Withdrawal of only appeal allowed - Court cannot split the statement in two parts - Order set aside - Matter remitted back for decision afresh in accordance with law...........
Hindu Marriage Act, 1955, Section 28(4), 23(4) -- Divorce - Limitation to file appeal - 30 days from date of decree - Both the parties are entitled to copy of decree free of cost - Copy of decree ready with Court immediately after passing of the decree - Wife, however, not obtaining copy from Court but applied for certified copy - Held, limitation of 30 days is to be..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Determination - Ordinarily guess work is to be kept at bay while assessing the market value of the acquired land - Potentiality of the acquired land or any advantageous features or any circumstances available in each case to be taken into consideration - However, bonafide and genuine sale..........
Land Acquisition Act, 1894, Section 4, 6, 18, 23, 54 -- Land acquisition - Compensation - Market value - Collectorate rate - When minimum rates for registration of properties, are evaluated and determined by expert committees as per statutory procedure, then such rates are a relevant piece of evidence for determination of market value which either party can dislodge this..........
Land Acquisition Act, 1894, Section 4, 6, 23, 24, 54 -- Land acquisition - Compensation - Market value - When no evidence of any contemporaneous sale transactions or acquisitions of comparable lands in the neighbourhood is available then recourse is taken to the mode of determining the market value by providing appropriate escalation over the proved market value of nearby..........
Land Acquisition Act, 1894, Section 4, 6, 11, 23, 24, 54 -- Land acquisition - Large tracts of undeveloped land - Allotment rates of plots in developed layout in same area, adopted by Development Authorities cannot form the basis for award of compensation for acquisition of undeveloped lands presently acquired...........
Land Acquisition Act, 1894, Section 23, 54 -- Land acquisition - Sale transactions or awards relating to neighbouring village not to be relied on when acceptable evidence by way of contemporaneous sale transactions or awards are available in regard to the very village where the acquisition took place...........
