Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Ratification - If ratification is to be done, all should be parties thereto...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Ratification - If Court had no jurisdiction to accept the compromise in defiance of the mandatory provision contained in O.23.R.3 CPC the question of invoking the doctrine of ratification does not arise - The doctrine of ratification may be applicable in the realm of private law regime but not for the purpose of..........
Civil Procedure Code, 1908, Order 23, Rule 3, Limitation Act, 1963, Article 123 -- Compromise - If accepted in absence of all the parties, the same would be void - However in case it has resulted in grant of a decree then decree based on compromise is required to be set aside - The compromise may be void or voidable but it is required to be set aside by filing a suit..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Formal defect - Withdrawal of suit - Formal defect must be mentioned in the application - When application is silent on this material point the same cannot be entertained by the Court...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Principles governing - Analysed - Fixation of market value equivalent with reference to contemporaneous sale transaction is valid - When owner himself has purchased the land few years earlier to the notification u/s 4 of the Act, then consideration mentioned in the sale deed forms..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Sale deeds pertaining to the portion of lands which are subject to acquisition would be the most relevant piece of evidence for assessing the market value of the acquired lands...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Comparable sales - It is with a view to reduce the element of speculation - In a comparable sale the features are: (1) it must be within a reasonable time of the date of the notification; (2) it should be a bona fide transaction; (3) it should be a sale of the land acquired or land..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - market value - Purchase of land a year ago for Rs.45, 000/- - Compensation allowed at Rs.1, 30, 680/- after one year - Cannot be said to be inadequate...........
Consumer Protection Act, 1986, Section 2(1)(g), Bihar State Regulation of Cold Storage Act, 1992, Section 23 -- Electricity supply - Cold storage - Potatoes stored got rotten due to low voltage of electricity - Complainant has not taken insurance policy to cover damage caused to the stored potatoes as required by Section 23 of 1992 Act - OP has also no liability in term of..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Provision of O.23.R.1 CPC is not applicable in a case where a second suit is filed during the pendency of the first suit and the first suit is withdrawn thereafter on account of a technical objection raised by the opposite party...........
