Land Acquisition Act, 1894, Section 23 -- Market value of acquired land - Sale instances of small plots - Cannot be completely ignored - Plots even though of small area cannot be said to be providing no guidance for working out market value - Sale instances of plots from the very land subject matter of acquisition - Reasonable cut should be made from sale price for roads..........
Civil Procedure Code, 1908, Order 23, Rule 4, Civil Procedure Code, 1908, Order 21, Rule 95 -- Agreement between D.H. and J.D. - Executing Court is competent to enforce an agreement entered into between the decree-holder and the judgment debtor in the course of execution proceedings if the agreement is a lawful one, not extraneous to the decree but on the other hand..........
Land Acquisition Act, 1894, Section 15, 23 -- Market value - Determination - Oral evidence of local lambardars and zamindars would not furnish any basis for determination of market value...........
Land Acquisition Act, 1894, Section 15, 23 -- Market value - Sale instance of smaller piece of land could not furnish basis for determining market value of big chunk of land acquired...........
Civil Procedure Code, 1908, Order 23, Rule 3 - - Decree based on compromise - Can be passed only against party to suit - If proved in a particular case that named defendants parties only in print and not in reality and in fact imposters produced in Court - Defendants cannot be termed as party to the suit at all - Court enjoined by Proviso to Rule 3 of Order 23 to decide..........
Civil Procedure Code, 1908, Order 23, Rule 3A - - Pre-requisites of compromise in a suit as provided in Order 23 Rule 3 must be satisfied before Rule 3-A is attracted - Cannot be any bar to institute a suit challenging a decree which proceeds on the basis of a compromise which is unlawful - Contract Act, Section 23...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise in a suit - Essential conditions - Court must be satisfied that suit adjusted wholly or in part by (i) lawful agreement or compromise, (ii) in writing and signed by the parties, and (iii) in so far as it relates to the parties to the suit...........
Land Acquisition Act, 1894, Section 23 -- Market value of land - Inclusion of land within municipal limits - Indicates that land can no longer be treated as merely useful for agriculture - Classification of land on the basis of source of irrigation - Not applicable - Land having been included within municipal limits - Cannot be classified on the basis of being Barani,..........
Land Acquisition Act, 1894, Section 23 -- Value of land - Has to be fixed on the basis of concrete evidence - Cannot be totally founded upon guess-work - Persons who come to Court with a claim that land has potential for development - Must adduce evidence which may indicate reasonable market value...........
Civil Procedure Code, 1908, Section 96, Order 23, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1A(2) -- Compromise decree - Procedure to question the compromise decree - The aggrieved party can move an application before the Court which passed the compromise decree questioning the validity of the compromise U.O.23.R.3 or he can prefer an appeal u/s 96(1) and..........
