Land Acquisition Act, 1894, Section 4, 6 18,, 23 -- Land Acquisition - Compensation - Comparable sale - Instances of sale of small tracks of land cannot be the basis of determining the market value of large tracks of land, unless suitable deduction is made in respect of development charges and land to be set apart - How much deductions are to be made depends upon nature of..........
Land Acquisition Act, 1894, Section 4, 6 18,, 23 -- Land Acquisition - Compensation - Comparable sale - Guiding principles are: (i) The sale is within a reasonable time of the date of notification under Section 4(1); (ii) It should be a bona fide transaction; (iii) It should be of the land acquired or of the land adjacent to the land acquired; and (iv) it should possess..........
Civil Procedure Code, 1908, Section 141, Order 23, Rule 3, Constitution of India, 1950, Article 226 -- Consent decree - Challenge thereto - Objection regarding having not been signed - Not Written - Memorandum of compromise was issued by Govt. at instance of Commissioner of endowment and same was accepted by plaintiff - At no point of time it was averred that Advocate..........
Land Acquisition Act, 1894, Section 23(1A), 23(2), 28, Civil Procedure Code, 1908, Order 47, Rule 1 -(As amended) - Reference Court - Review - Reference Court can review its earlier order if there exists an error apparent on the face of record in terms of O.47.R.1 CPC...........
Land Acquisition Act, 1894, Section 23(1A), 23(2), 28, Civil Procedure Code, 1908, Section 47, Order 47, Rule 1 -(As amended) - Reference Court - Can review its earlier order if there exists an error apparent on the face of record - Executing Court having limited jurisdiction cannot go into the question as to whether the Reference Court was correct in passing the review..........
Land Acquisition Act, 1894, Section 23(1A), 23(2), 28, Civil Procedure Code, 1908, Order 47, Rule 1 -- Reference Court - Review - Reference Court can review its earlier order if there exists an error apparent on the face of record in terms of O.47.R.1 CPC...........
Land Acquisition Act, 1894, Section 23(1A), 23(2), 28, Civil Procedure Code, 1908, Section 47, Order 47, Rule 1 -- Reference Court - Can review its earlier order if there exists an error apparent on the face of record - Executing Court having limited jurisdiction cannot go into the question as to whether the Reference Court was correct in passing the review order - A..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage with liberty to file fresh suit on the same cause of action - To avoid multiplicity of proceedings, suit can be permitted to be withdrawn with liberty to file a fresh suit on the same cause of action...........
Constitution of India, 1950, Article 14,16, Haryana Civil Services (Executive Branch) and Allied Services and other Services Common/ Combined Examination Act, 2002, Section 1(2),1(23),3,4 -- Punjab Civil Service (Executive Branch) Rules, 1930, Rule 3 - Challenge to validity of Act of 2002 - Held that retrospectivity in the Act cannot be held to be ultra vires except first..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Deletion of name of proforma defendant - Held, plaintiff is the dominus litus of the suit and he can choose as to against which party he wants claim as relief - Plaintiff is well within his right to pray for deletion of name of one of the defendants...........
