Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with permission to file fresh suit on the same cause of action - Permission granted to withdraw suit - However, no permission granted to file a fresh suit on the same cause of action - Held, Court can either accept or reject the prayer - Court not justified in partly accepting the application - Matter..........
Land Acquisition Act, 1894, Section 23 -- Categorisation of Land - Land acquired for same purpose - There should not be categorisation of land - Every piece of land has same potential being nearer to each other...........
Land Acquisition Act, 1894, Section 23 -- Determination of market value - Comparable sale method - 10% increase on account of esclation of price - Price of old comparable sale transaction taken as base value - 10% p.a. appreication of value of land for every subsequent year upto date of acquisition may be taken - Market value assessed at the rate of Rs. 74, 000/- per acre..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1(3), Civil Procedure Code, 1908, Order 2, Rule 2 -- Withdrawal of suit - Suit for permanent injunction restraining defendant from interfering with possession - Suit filed for 4.18 guntas where decreed to extent of only 4.02 guntas - For filing suit for possession in respect of remaining 16 guntas plaintiff is not..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Can be granted only if one of the two conditions exist viz. that the suit may not fail by reason of some formal defect or that there are sufficient grounds for allowing the plaintiff to institute a fresh suit on the same cause of action...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Material facts or material particulars to substantiate the plea as to who were the persons who have died or which were the transfers which had taken place during the pendency of the suit and as to what are the 'facets' which have now emerged..........
Land Acquisition Act, 1894, Section 18, 23 -- Evaluation of land - Acquired land near town - To be evaluated as urban property even if the property at the time of acquisition is used as agricultural property...........
Land Acquisition Act, 1894, Section 23 -- Assessment of market value - Sale instance of similar lands with similar advantages and potentialities - Sale instance, bonafide transaction at or about the time of the preliminary notification - Best evidence of market value...........
Land Acquisition Act, 1894, Section 18, 23 -- Assessment of compensation - Classification of land - Land of village Sohana acquired for setting of Industrial Area SAS Nagar - Collector and Reference Court assessed compensation treating acquired land to be a purely agricultural land - Acquired land adjoining developed land and industrial area situated within Municipal..........
Land Acquisition Act, 1894, Section 23 -- Market value of acquired land - Determination of - What is fair and just or reasonable market value? - Always a question of fact depending on the nature of evidence, circumstances and probabilities in each case - All existing advantageous and potential possibilities of acquired land, laid down in most advantageous manner - Should..........
