Civil Procedure Code, 1908, Order 41, Rule 23, 23-A, 25 -- Appeal - Remand - Issues wrongly framed and onus to prove wrongly placed - Appeal not to be remitted in its entirety - Trial Court to allow parties to adduce evidence and to return the same with its findings and High Court to decide appeal on merits...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Wrong framing of issue - Scope of remand - Will by mother in favour of a daughter - Challenged by other daughter by filing suit for declaration - Suit dismissed - In appeal High Court held that the Trial Court wrongly framed issue regarding validity of Will in negative ` Onus of proof of Will was also wrongly placed..........
Land Acquisition Act, 1894, Section 23(1), 23(1A), 28, 34 -- Assured payment of interest - Reference Court relying on Prem Nath Kapoor's case not awarded interest on amount payable by way of additional amount u/s 23(1) & solatium u/s 23(1A) - Appeals by State - No appeals by landowners - Appeal dismissed by High Court - Landowner filed SLR claiming interest on amount..........
Civil Procedure Code, 1908, Order 23, Rule 1-A -- Transposition of defendant as plaintiff - Permissible only if suit is withdrawn or abandoned - Defendant cannot be transposed as plaintiff on the ground that plaintiff had gone abroad...........
Land Acquisition Act, 1894, Section 23, 54 -- Fruit bearing trees - Assessment of compensation - Notification u/s 4 issued in 1977 - Compensation for fruit bearing trees assessed on the basis of the formula prepared by Sh. Harbans Singh based on market conditions prevalent in year 1966 - Reference Court enhanced compensation by 133% for the fruit bearing trees taking into..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Decree found vitiated by non compliance of O.32.R.7 - Decree can be set aside U.o.23.R.3-A - Bar operates only when decree is vitiated by fraud, undue influence or coercion in terms of S.23 of Contract Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 23 -- Recovery of 1 kg. 880 grams heroin from an Afghan National by custom authorities - Accused seems to be a carrier only - Sentence of appellant reduced from 18 years rigorous imprisonment to 10 years R.I...........
Evidence Act, 1872, Section 25, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 23 -- Confessional Statement - Recovery of 1 kg. 880 grams heroin from an Afghan National by custom authorities - Statements made by accused to a Custom Officer is admissible in evidence - A Custom Officer is not a Police Officer as he is not empowered to file charge-sheet..........
Land Acquisition Act, 1894, Section 23 -- Assessment of market value - Relevancy of post notification sale deed - Reference Court assessed market value relying on judgment Ex P.4 - Pre-notification and post notification sale deeds also considered - Prices reflected in all deeds almost same - Applying cut off 10% on price reflected in post notification sale deed, market..........
Land Acquisition Act, 1894, Section 23 -- Assessment of Market value - Land acquired - Small holdings - Sale deeds of sale of small chunk of land relied - Quantum of compensation has to be assessed keeping in view area of sale instances and the area of each individual land owner...........
