Civil Procedure Code, 1908, Section 9, Order 23, Rule 3 -- Civil Court - Ouster of jurisdiction - S.4 of Pension Act bars jurisdiction of civil Court to entertain suit relating to pension - S.12 of Pension Act makes an agreement with regard to pension null and void - Compromise decree in a suit which is barred by law is null and void...........
Land Acquisition Act, 1894, Section 18, 23 -- Determination of market value of acquired land - Auction sale - Element of competition in auciton sales - Makes them not safe guides while determining the compensation payable - High Court rightly discarded auction sales...........
Land Acquisition Act, 1894, Section 18, 23 -- Acquisition of land - Award of compensation - LAC assessing the compensation payable to the land owners at Rs. 3 lac per acre - Reference Court enhance the compensation to Rs. 235/- per sq. yds. for the land in the revenue estate of Hisar and to Rs. 135/- per sq. yds. for lands in revenue estate of Satrod Khas and Khurd - Ld...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, 20, 23 -- Maintainability of petition - Second wife seeking separate residence and maintenance - Husband allegedly turned second wife out of matrimonial home immediately after marriage and filed divorce petition - During divorce proceedings first wife filed application for setting aside of ex-parte divorce decree -..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Reference Court enhanced compensation - High Court set aside the same and restoring the original award not relying of sale instances of small extents in assessing compensation payable - Held, High Court not in error...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Burden is on the claimants to establish that the amounts awarded by Land Acquisition Officer is inadequate and that they are entitled to more - If initial burden in that behalf is discharged then burden shifts to the State to justify the award - In absence of any adequate or tenable reasons the..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Generous position adopted by Awarding Officer - Stand adopted by Reference Court and relevant aspects discussed by High Court - No interference warranted to interfere with the decision of High Court restoring the award of Land Acquisition Officer...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Appeal against award of compensation by High Court - Supreme Court interferes only when there is misapplication of any principle of assessing compensation - Where there is no error in principle committed by High Court then no interference is warranted...........
Land Acquisition Act, 1894, Section 18, 23 -- Determination of compensation - Involves an amount of guess work - Based on the evidence available regarding comparable sale of lands in the locality and so on...........
Land Acquisition Act, 1894, Section 18, 23 -- Assessment of compensation - Comparable sale deeds - Normally when large extends in involved in the acquisition - It will be more prudent to rely on the sale deeds of larger extents - Not to base the assessment of compensation on values fetched at sales of small extents...........
