Civil Procedure Code, 1908, Order 23, Rule 3A -- Objection that suit barred under Order 23 Rule 3 - A not raised in written statement - Deemed to have been waived even if such objection available as participated in suit proceedings and even in appeal without raising said objection...........
Land Acquisition Act, 1894, Section 23, Civil Procedure Code, 1908, Order 41, Rule 23A -- Compensation for acquired land, determination of - Sale instances or sale deeds placed on record - Neither vendor nor vendee of said sale deeds examined nor steps taken to examine scribe or any other person who could prove said sale deeds in accordance with provisions of Evidence Act..........
Land Acquisition Act, 1894, Section 23 -- Market value of acquired land and its building potential - Must be determined with reference to material placed on record and made available by the parties - Absolute guess - work neither permissible nor legislatively intended' - To derive equi - balance between entitlement of claimant and obligation of State to pay awarded amount..........
Land Acquisition Act, 1894, Section 23 -- Market value - Award of Court in respect of land acquired one year later - Plea that a cut of Re. 1/- per Sq. Yard can be imposed and market value assessed accordingly - Not tenable - Value of land risen since Development Scheme already initiated - Not possible to relate back price of land one year earlier...........
Land Acquisition Act, 1894, Section 23 -- Burden of proving market value - Rests on claimant - Has to be discharged by not only producing sale deeds but also by proving market value - Factum of sale consideration has to be specifically proved...........
Land Acquisition Act, 1894, Section 23 -- Market value of land - Basically assessed on the basis of sale transactions which may have taken place in respect of land in close vicinity - Transactions which are in close proximity of time - Furnish a valuable basis for determining value...........
Land Acquisition Act, 1894, Section 23 -- Compensation - Land Acquisition Collector divided acquired land into two blocks and awarded compensation of Rs.3300 and Rs.2200 per bigha for block A and block B - District Judge enhanced compensation to Rs.4800 per bigha in respect of block A and Rs.3200 in respect of block B - High Court assessed the market value at Rs.13,000 per..........
Land Acquisition Act, 1894, Section 23 -- Land Acquisition - Compensation - Claim that compensation awarded for acquired land in adjoining village is higher and claimant be awarded compensation on same rate - Cannot be awarded unless it is proved that the situation and potentiality of land in two different villages is same...........
Punjab Land Revenue Act, 1887, Section 116, 118, Civil Procedure Code, 1908, Order 23, Rule 3 -- Partition - Dispute about watercourse - Compromise between the parties - Written compromise necessary - Collector in appeal and Commissioner in revision referred to mutual compromise - No mutual compromise recorded as stated to have been reached - Order of partition set aside -..........
Stamp Act, 1899, Section 2(22), 2(23), Civil Procedure Code, 1908, Section 115 -- Trial Court holding the document to be a receipt and not a pronote - Revision against - Not maintainable...........
