Land Acquisition Act, 1894, Section 23(1A) -- Compensation - Award dated 15.9.1979 - Payment of enhanced solatium at 30% and interest at 9% and additional amount set aside as award made prior to amendment came into force - Claimants held entitled to solatium at 15% and interest at 6% on enhanced compensation...........
Hindu Succession Act, 1956, Section 23 -- One of the co-parceners died in the year 1957 leaving behind a daughter as his only heir - Suit by daughter for partition of her 1/4th share in property including dwelling house - Surviving male members not being heirs of deceased co-parcener, bar of S.23 not applicable regarding partition of dwelling house...........
Civil Procedure Code, 1908, Order 41, Rule 23-A -- Remand - Question as to date of death of vendor - Sufficient material available on record to decide the question - Court competent to decide without framing such specific issue - Order of remand for framing such issues and deciding it - Such order is illegal...........
Land Acquisition Act, 1894, Section 23 -- Compensation - Market value - Sale deeds - Either the vendor or the vendee should be examined in proof of the documents to establish passing of the real consideration, the nature of the lands and whether the documents are genuine documents - Held, that the reference Court was in error in acting upon untested sale deeds to determine..........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 22, 23 -- Order passed under O.21.R.23(2) operates as res judicata in all further proceedings - If notice under Order 21 Rule 22 is not given objection to executability can be raised at a later stage...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit-Defendants praying for transposing as plaintiffs - Which application to be decided first? - As the limitation qua the defendants requesting for transposition had already run out as such application for withdrawal of suit be decided first...........
Land Acquisition Act, 1894, Section 23(2), 28, 230A) -- Reference Court determined compensation in 1982 - Held, claimants are not entitled to enhanced solatium and interest and the additional amount...........
Hindu Succession Act, 1956, Section 23 -- Dwelling house - Meaning-A tenanted house is not a dwelling house - Protection of the provision is not available to makes in such cases...........
Hindu Succession Act, 1956, Section 23 -- Dwelling house - Hindu intestate leaving behind a single male heir or more female heir or heirs specified in Class I of Schedule - Dwelling house is not partible - Provision of S.23 is applicable...........
Hindu Succession Act, 1956, Section 23 -- Word `Daughter' in the proviso- It is meant to include all daughters - It includes daughter of a predeceased son, daughter of a pre-deceased daughter...........
