Land Acquisition Act, 1894, Section 34, 28, 23(2) -- Interest on solatium - Claimants entitled to - Sunder's case 2001 (2) PLJ 506 SC Followed...........
Land Acquisition Act, 1894, Section 23 -- Market value of acquired land, determination of - Two conflicting judgments/awards of same Court covering the field - Court to closely scrutinise both judgments/awards and on comparative assessment prefer to follow judgment/award most acceptable...........
Civil Procedure Code, 1908, Order 41, Rule 23-A -- Remand of case for re-trial - A serious matter - Can be ordered in exceptional circumstances when no real trial or complete and effective adjudication of matter - Remand not meant for providing fresh opportunity to a party - Before passing order of remand - Necessary to come to the conclusion that re-trial necessary -..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - At appellate stage - Suit for perpetual and mandatory injunction dismissed on merits by holding that no part of land belonging to plaintiff was encroached by defendant - Order permitting withdrawal of suit by plaintiff at appellate stage with leave to file fresh suit on the same cause of action is not..........
Civil Procedure Code, 1908, Section 23(3) -- Matrimonial proceedings - Transfer of case to a Court subordinate to another High Court - Wife at mercy of her father & brother to meet travelling expenses - Proceedings transferred at place of residence of wife...........
Civil Procedure Code, 1908, Section 23, 25 -- Transfer of case to a Court subordinate to another High Court - High Court u/s 23(3) can transfer a case to a Court subordinate to another High Court and this power of High Court is not curtailed by S.25 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 2, Rule 1 -- Withdrawal of suit - Unconditional withdrawal of suit - Claim which could have been claimed but not claimed, stands relinquished as lost claim and plaintiff cannot file a second suit for such claims...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Unconditional withdrawal of suit as defendant satisfied the plaintiff - Held, if satisfaction of plaintiff has not resulted into a decree and plaintiff withdraws suit unconditionally then plaintiff cannot reagitate the issues which were involved in the suit...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- A litigant should not be allowed to reagitate the same cause of action once he has availed an opportunity to approach the Court with respect thereto...........
Contract Act, 1872, Section 23 -- Words 'if permitted it would defeat the provisions of any law' in Section 23 - Refer to performance of agreement which necessarily entails transgression of provisions of any law...........
