Civil Procedure Code, 1908, Section 115, Order 23, Rule 3 -- Declining of recording a compromise, challenge to - Circumstances - (i) thumb impression of BK obtained in connection with purchase, (ii) evidence of Advocate that compromise not read over to BK, (iii) no evidence that BK agreed for compromise and after knowing contents of compromise affixed thumb impression,..........
Land Acquisition Act, 1894, Section 23 -- Sale, transaction relating to small piece of land - Cannot ordinarily form the basis for determination of market value of a big piece of land - Sale transactions of small plots not relevant for determination of market value of acquired land consisting of big chunk...........
Land Acquisition Act, 1894, Section 23 -- Market value, determination of - Principle of average approved by Supreme Court in Rajashekar's case (1996) 9 SCC 642 - Average of sale instances proved on record and which are admissible - Safe measure to arrive at a figure which should finally be paid to claimant...........
Land Acquisition Act, 1894, Section 23 -- Market value, determination of - Exhibits (Judgments and Awards) produced and proved by either party to proceedings subject matter of appeal before High Court - Per se not a ground for not considering such instances - Where judgments in acquisition matter have attained finality - Court obliged to give greater importance to such..........
Land Acquisition Act, 1894, Section 23 -- Market value, determination of - Value of land reflected in adjoining villages - May not be the real market value of land though those villages adjacent to the village - Compensation in respect of land of one village in comparison to compensation granted in adjoining village - May not necessarily form the basis...........
Land Acquisition Act, 1894, Section 23 -- Market value, computation of - Element of cut for development - Take one sale instance/judgment which is most relevant and has a direct bearing - Apply a cut of 50% on account of development and welfare activity...........
Land Acquisition Act, 1894, Section 23 -- Market value, determination of - Judgments and Awards produced by parties within past reasonable time - Addition of element of increase - Disapproved in its universal application by Supreme Court in Mehtab Singh's case AIR 1995 S. C. 667 - Limited retrospectivity provided in amending provisions by 1984 Act does not permit adoption..........
Land Acquisition Act, 1894, Section 23 -- Market value, determination of - Sale instances - Neither vendor nor vendee examined in Court - Even Clerk from Registrar's office not called to prove genuineness and content of sale deeds - Inadmissible in evidence - Cannot be looked into by Court for purpose of determining compensation payable to claimant...........
Land Acquisition Act, 1894, Section 23 -- Scope of - Court must settle ingredients of dual component - (i) market value of land, and (ii) amount of compensation payable to claimant - Primarily satisfaction of judicial conscience - Inevitably have element of guess work and general computation - Determination must be founded on definite piece of evidence legally admissible...........
Land Acquisition Act, 1894, Section 23 -- Market value, determination of - Comparability of sale instance/judgment - Any sale instance or judgment to be adopted as a criteria - Must be of a comparable instance in relation to land in question in terms of location, potentiality and proximity of time of acquisition...........
