Consumer Protection Act, 1986, Section 23 -- Complicated nature of facts - Direction to approach Civil Court - Commission to form an opinion only when pleading of both the parties are available...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Normally Court passes decree in terms of compromise - However Court can make a change - If Court makes a change then reasons for making the change have to be recorded and then decree is not in terms of compromise...........
Land Acquisition Act, 1894, Section 23 -- Separate compensation for Tube - Well and structure standing on land - No capitalisation of value of land and structure by Land Acquisition Officer in his Award - Claimant entitled to separate compensation for land, Tube - Well and structure...........
Land Acquisition Act, 1894, Section 23 -- Deduction for development charges - Development charges varies from place to place, area to area and amount of developments required to be carried out - Cannot be any fixed amount towards development charges - Total land acquired about 27 acres - Development charges fixed @ 25%...........
Land Acquisition Act, 1894, Section 23(1A), 23(2), 28, 32 -- Claimant whose land acquired by Parishad and whose proceedings pending in the year 1984 - Entitled to solatium @ 30%, interest and additional compensation - Savitri Cairae's case (2003) 6 SCC 255 Followed...........
State Financial Corporation Act, 1951, Section 9,23,39 -- Punjab Financial Corporation (Staff) Regulations 1961, Regulations 65,66 and 92 - House rent allowance - Conveyance re-imbursement - Medical re-imbursement - Directive of the State Government to the respondent Corporation to pay the same to its employees as per rules followed by the State Government and decision..........
Land Acquisition Act, 1894, Section 17(3A), 23(1A), 28 -- Acquisition of land by private negotiation and possession taken prior to issuance of notification u/s 4 - State by several resolutions provided for rental compensation payable to title holders of lands - Writ petition praying interest on rental compensation for delayed payment - High Court allowed interest at 12% -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(1), 21, 28, 23 -- Recovery of 41 capsules, each containing 5 grams of heroin from body cavity of accused purged by him in hospital - Conviction - High Court in appeal found among other grounds that prosecution had failed to establish that 41 capsules were actually seized from accused because no body who was..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23-A -- Remand to Tribunal under Punjab Town Improvement Act by two different judgments of Supreme Court - Supreme Court in earlier judgment while remanding the matter had duly taken note of other questions raised in the appeal and had left them open - These questions were neither decided by Supreme Court nor disallowed on any..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Second suit on the same cause of action filed the day earlier suit was withdrawn - Earlier suit withdrawn without permission of Court to file fresh suit on the same cause of action - Fact of filing of earlier suit not mentioned in the second suit - Second suit dismissed being not maintainable...........
