Land Acquisition Act, 1894, Section 18, 23 -- Assessment of compensation - Allotment price of developed plots by an Authority - Cannot be relied upon as it involves internal/external development charges - Costs of the land left for common area and other infrastructural facilities is also born out by the plot holder - Not safe to assess the priced of big chunk of acquired..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- `Subject matter' - Where the cause of action and the relief claimed in the second suit are not the same as the cause of action and the relief claimed in the first suit, the second suit cannot be considered to have been brought in respect of the same subject matter as the first suit - Mere identity of some of the issues in..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 -- Simpliciter suit for injunction - Suit withdrawn - Subsequent suit for declaration of title, injunction and recovery of part of extent over which structures exists - Cause of action for subsequent suit arose as defendant attempted to trespass and put up some constructions..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3-A, 3-B -- Compromise decree - Not signed by all the parties - Same not lawful or valid - Compromise decree on that basis cannot be passed - Rights of defendant No.2 were in issue and in absence of his signing the compromise, no valid decree could have been passed on the basis of such compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Consent decree - Setting aside - Assailing compromise decree as invalid on account of exercise of fraud, coercion, misrepresentation and that compromise was unlawful and involuntary - Consent decree cannot be challenged by a separate suit - Remedy available is to approach the Court which passed the compromise decree - Held,..........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 3-A -- Return of plaint - Compromise decree - Separate suit to challenge compromise decree not maintainable - Question of return of plaint does not arise as a separate suit itself is not maintainable whether in the same Court or in any another Court - What is barred is a 'separate..........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Maintainability of separate suit to challenge compromise decree - Plea not taken - Held, Court can suo moto decide the question of jurisdiction even in the absence of such a plea...........
Land Acquisition Act, 1894, Section 18, 23 -- Determination of market value - Sale deed relied upon to award compensation executed much after issue of notification u/s 4 - Sale deeds to small pieces of land by same vendor - Not relevant...........
Land Acquisition Act, 1894, Section 18, 23 -- Determination of market value - Sale instance prior to notification u/s 4 but after knowledge of acquisition - Relied - Area involved in sale deed merely 5 biswa (250 sq. yds.) - Sale deed discarded as the same was merely a measure to jack up the prices to claim exhorbitant compensation for the acquisition...........
Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Compromise - Setting aside of - Appeal withdrawn on the basis of statement of parties - Application seeking recalling of the withdrawal order on the ground that compromise between parties not lawful - No written compromise created or presented before Court to record a compromise and pass a decree - Court simpliciter..........
