Civil Procedure Code, 1908, Order 23, Rule 1 -- Expression 'in writing and signed by the party' - Also includes counsel and agent of party...........
Civil Procedure Code, 1908, Section 115, Order 23, Rule 1 -- Revision against dismissal of appeal compromised through counsel - Not maintainable...........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 1 -- Re - agitating of issue compromised through counsel - Barred both under Section 11 as also under Section 115 Evidence Act...........
Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Challenged as obtained by fraud and misrepresentation and that plaintiff never appeared before the Court at the time of passing of the decree and somebody else has allegedly made a statement on his behalf - Suit cannot be decided on the basis of preliminary..........
Land Acquisition Act, 1894, Section 23(1) -- clause Thirdly, 23(1-A) and 28 - Severance, compensation on account of - Claimant entitled to interest @ 9% per annum from the date on which possession taken for a period of one year and @ 15% thereafter till the same is paid...........
Land Acquisition Act, 1894, Section 23, 23(1A), 28 -- Market value of acquired land at the date of Notification under Section 4 - Sum payable on all factors enumerated in clauses Firstly to Sixthly of Section 23(1) - Additional benefit under Section 23(1 - A) only on market value of land i.e. compensation assessed under sub - section (1) of Section 23 - Benefit under..........
Civil Procedure Code, 1908, Order 23, Rule 1, 3, 5 -- Joint suit - Withdrawal - Consent of co-plaintiff - Application not to be allowed in absence of consent of other plaintiffs - In the instant case suit filed by the trust through its President and Secretary and by the persons holding those offices in their individual capacity as well - Application for withdrawal of suit..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- sub - rule (5) - Requires Court to ensure that withdrawal of suit is not allowed without the consent of other plaintiffs - More than one plaintiffs joined in filing of suit (on behalf of Trust by President and Secretary as also in their individual capacities) - Application by one of the plaintiffs and also being newly elected..........
Land Acquisition Act, 1894, Section 23 -- Determination of market value of acquired land - Instances of small pieces of land when vast area of land acquired - Normally a cut of 25% or 30% is applied - Land under acquisition fully developed and has a potential of being converted into industrial, commercial or residential area - Cut of 50% from comparable sale instances of..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 32, Rule 7 -- Compromise - Court to be satisfied that compromise entered into between parties is lawful before accepting the same - Compromise signed by Counsel, on behalf of parties some of whom were shown as minors though in fact they had attained majority on date of compromise - Where..........
