Civil Procedure Code, 1908, Order 23, Rule 1 -- Earlier suit claiming right of pathway not complying with provisions of O.7.R.3 CPC - Suit dismissed as not pressed - Later suit claiming easement right containing necessary averments for establishment of easement right - No contention regarding maintainability of suit in written statement nor plaint of earlier suit produced..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Judgment or decree passed as a result of consensus arrived at before Court cannot always be said to be one passed on compromise or settlement and adjustment - It may, at times, be also a judgment on admission...........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 3, Rule 1 -- Suit for specific performance - Dismissed by trial Court and affirmed by first appellate Court but claim for refund of Rs.2500/- with interest allowed - In second appeal in terms of consensus of both counsels decree modified where respondents were to pay Rs.25, 000/- to appellant -..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Section , Order 3, Rule 1 -- Counsel possessed of requisite authorization by Vakalatnama can act on behalf of his client and enter into agreement or compromise - Words `in writing and signed by the parties' inserted by the C.P.C. (Amendment) Act, 1976 - Must necessarily mean as provided by Order 3..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Judgment or decree passed as a result of consensus arrived at before Court - Cannot always be said to be one passed on compromise or settlement and adjustment - May, at times, be also a judgment on admission...........
Land Acquisition Act, 1894, Section 4, 23 -- Land acquisition - Compensation - Compensation already fixed by High Court in earlier proceedings - In one such case Supreme Court approved the rate fixed - Held, the best method for awarding compensation would be to look at the earlier Judgments and awards as such High Court cannot be faulted for having fixed compensation on..........
Land Acquisition Act, 1894, Section 23 -- Market value of acquired land - Determination of - Reliance by Court on earlier judgments in respect of earlier acquisitions for the same purpose - Justified when compensation already fixed by High Court in earlier proceedings and in one such proceeding Supreme Court already approved the rate fixed - Better to adopt those rates..........
Land Acquisition Act, 1894, Section 23 -- Determination of market value of agricultural land - Prices fetched after land fully developed - Cannot be the basis for fixing compensation in respect of agricultural land...........
Civil Procedure Code, 1908, Section 23(3) -- Transfer of suit - Application for - Maintainability - Only before the High Court within whose jurisdiction the suit was originally instituted - The Court where suit has been transferred is not the competent court...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Structure over the acquired land - Annual rental value assessed at Rs.300/- - Market value of structure be calculated by applying multiplier of 16 to the annual rental value...........
