Punjab Agricultural Produce Markets Act, Section 6(3), 8, 13(2), 13(4), 23, 30, 37, 46 -- Composition fee, levy of-No provision either in the Act or the Rules which empower Market Board or Committee to levy any fees like composition fee-Sections 6(3), 8, 13(2), 13(4), 23, 30, 37 & 46 and Rules 31(1) to (9) & 36 do not empower Board or Committee to charge anything other..........
Civil Procedure Code, 1908, Order 41, Rule 25, 24, 23-A, 23, 27 -- Additional issue - Framing at appellate stage - Procedure to be followed by Appellate Court - Dispossession during pendency of appeal - Amendment of plaint seeking relief of restoration of possession allowed - After amendment additional issues were framed - In such situation first appellate Court ought to..........
Hindu Marriage Act, 1955, Section 23(2) -- Reconciliation - Failure of party to appear inspite of opportunities given for reconciliation - Defence of that party cannot be struck off...........
Land Acquisition Act, 1894, Section 23(1) -- Compensation - Principle that the entire lands in the village shall be treated as one unit and compensation shall uniformly be determined on that basis is unsustainable in law - Even in the same village, no two lands command same market value - Equal compensation is permissible only when both lands are proved to be possessed of..........
Land Acquisition Act, 1894, Section 23(1) -- Compensation - Reference Court assessed compensation at Rs.3050/- per bigha - Lands were agricultural - Value was rightly determined on bigha basis instead of yards basis - Appellants had produced sale deeds indicating the maximum which was secured at Rs.3250 per bigha - Appellants would be entitled to maximum rate of Rs.3250..........
Land Acquisition Act, 1894, Section 4(1), 23(1) -- Determination under S.23(1) is market value prevailing on date of publication under S.4(1) but not what is claimed - Prior to amendment in the Act under S.22(1) the Court had no power to grant higher than what was claimed under notice in Ss.9 and 10...........
Land Acquisition Act, 1894, Section 4, 23 -- Market value - If a land is still to be developed, 1/3rd of compensation has to be deducted towards providing amenities like roads, parks etc. - Agricultural land is to be treated as agricultural land though it might have potential for being used for building purposes - So value per bigha and not per square yard is justified...........
Land Acquisition Act, 1894, Section 18, 23(1) -- Award of Collector - Cannot be challenged by State - State is bound by award of Collector and cannot seek reference under Section 18 against rate of compensation - No such power is given to State except in State of UP by a local amendment - Claim for compensation against tenancy rights - Open to State to agitate in..........
Limitation Act, 1963, Section 14, Civil Procedure Code, 1908, Order 23, Rule 1 -- Fresh suit filed as earlier suit withdrawn with permission of Court to file fresh suit on the same cause of action - Time spent in earlier suit whether to be excluded - No material on record produced for which the earlier suit was allowed to be withdrawn - Even application for withdrawal not..........
Limitation Act, 1963, Section 14, Civil Procedure Code, 1908, Order 23, Rule 1 -- Fresh suit filed as earlier suit withdrawn with permission of Court to file fresh suit on the same cause of action - Time spent in earlier suit whether to be excluded - No material on record produced for which the earlier suit was allowed to be withdrawn - Even application for withdrawal not..........
