Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Depends upon a large number of factors - The first is nature and quality of land whether agricultural land or homestead land - If it is agricultural land then other factors relevant are also required to be considered viz. as to whether it is irrigated or non-irrigated, extent of..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - While comparing the market value of developed lands with that of undeveloped lands, Court has to make suitable deductions towards the cost of development - In the instant case one third deductions made towards development costs considering the fact the land is abutting National..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Setting aside - Remedy available is to approach the Court which passed the consent decree...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Fresh suit for the same relief and on the same cause of action is barred unless such right is reserved and Court accords permission...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Appeal - Withdrawal - Procedure applicable to withdrawal of suit applies for withdrawal of appeal also...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Suit for perpetual injunction - Permission sought to withdraw suit and to file a fresh suit for declaration and possession - Even without seeking leave of appeal a fresh suit for declaration and possession can be filed as nature of relief and cause of action in the two categories of suit are totally..........
Civil Procedure Code, 1908, Order 23, Rule 1, Hindu Marriage Act, 1955, Section 13, 24 -- Divorce petition - Withdrawal of petition by husband after pendency of proceedings for eight years - Maintenance pendente lite granted to wife not paid - No justification for withdrawal of petition - Order allowing withdrawal set aside...........
Civil Procedure Code, 1908, Order 23, Rule 3, Hindu Marriage Act, 1955, Section 13 -- Matrimonial dispute - Parties entering into compromise - Parties agreed to take divorce by mutual consent and withdraw all cases filed against each other - Husband to pay 40 lacs to wife - Parties allowed to compromise...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Civil Judge fixed compensation as Rs.4.35 lakhs per acre after considering the fact that acquired land has potential to develop into housing sites, relying upon exemplar sale deed and after deducting one third as development cost - High Court enhanced deduction to half of the market..........
Hindu Succession Act, 1956, Section 23 -- (Repealed after 2005 amendment) - Appeal by brother against grant of share to sisters in property - Bar on right of female heirs of Hindu intestate to claim partition - Prior to amendment also there was no bar to inheritance of property of Hindu intestate by daughters/females being class I heir under the act - Held, right of..........
