Land Acquisition Act, 1894, Section 18, 23 -- Valuation of immovable property - Not a science - Cannot be made by merely applying algebraic formula - Some room has to be allowed for conjectures and guess work - The Court while determining the market value should consider evidence adduced as to the nature, situation, income and potential of land...........
Land Acquisition Act, 1894, Section 23 -- Determination of market value - Reliance on sale transactions of smaller parcels of land - While determining compensation for larger extent of land, price paid for or compensation determined by Court for smaller parcel of land does not provide a safe and dependable base - Absence of any better evidence, even transactions involving..........
Land Acquisition Act, 1894, Section 18, 23, 54 -- Acquisition of Land - Enhancement of Compensation - Market value - Collector assessed market value of land by classifying it in three categories, Nehri, Chahi, and Barani Land - Reference Court assessed Market value by classifying land in two categories taking into consideration depth of land abutting Road - In appeal..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Appellate Court to exercise its power within confines of O.41.R.23 to R.26-A and to decide case at appellate stage itself - Tendency to remand case in toto after setting aside judgment of trial Court and to direct a de novo trial is against the tenor of law - What can be done at appellate stage, need not be remanded..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Recall of order - Plea that application of withdrawal was based on forged signatures obtained by defendant - Averment that on day of withdrawal her advocate was changed and replaced by advocate of defendant and that suit was mentioned for purpose of withdrawal on day when was not even listed for said..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3-A -- Power of attorney holder - Consent decree - Once there is power to compromise, that will include the power to admit the claim of the plaintiff as well...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3-A -- Power of attorney - Consent decree - Power of attorney executed a day earlier and absence of name of Court - Inconsequential as power of attorney could not be related to any other lis between the parties...........
Punjab Police Rules, 1934, Rule 23.4.and, 27.29 -- Surveillance Register - Name of the petitioner kept in the Rolls of Register No.10 - No past history of the petitioner being a habitual offender or receiver of the stolen property - He has never been declared as such by any competent authority - Held that the entry in Surveillance Register, where his name exists, cannot be..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Suffered from act of fraud on part of plaintiff - Same is liable to be set aside...........
Civil Procedure Code, 1908, Order 41, Rule 23-A -- Remand - While remitting the matter High Court not indicated as to what question of facts and law are required to be assessed and the circumstances upon which the High Court found itself unable to decide the matter - Plaintiff given sufficient opportunity to produce the documents and no other documents filed inspite of..........
