Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation -Market value && It is the duty of the Court to closely scrutinise the evidence, apply the test of prudent and willing purchaser, i.e. whether he would be willing to purchase the acquired lands in open and normal market conditions and then determine just and adequate compensation...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation -Market value - Determination of the compensation on Sq.ft. basis is a wrong principle of law, particularly when large extents of lands are sought to be acquired for public purpose - Market value determined on square yards basis - Appeals allowed...........
Land Acquisition Act, 1894, Section 23 -- Compensation - Market value-Prior knowledge of acquisition - Document brought to inflate the market value - Cannot be taken into consideration - The Court has to consider the evidence in the proper perspective whether a willing vendee would purchase at the rates offered by the willing vendor in an open market when the lands are put..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Amended provision - Does not apply to suit instituted in 1975...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Permission to withdraw suit with liberty to institute fresh sit - Can be granted even at appellate stage...........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 12, Rule 6 -- Compromise decree - Decree passed on basis of written statement admitting claim of plaint to be correct - It is not a compromise decree - It is a judgment on admission...........
Land Acquisition Act, 1894, Section 23(1A) -- Additional amounts under S.23(1-A) - Interest cannot be granted on such amount...........
Civil Procedure Code, 1908, Order 10, Rule 1, Civil Procedure Code, 1908, Order 23, Rule 1-A -- Transposition of defendant as plaintiff- If the plaintiff withdraws from the suit, defendant can be allowed to prosecute the same by transposition as plaintiff provided the defendant has a substant of question to be decided against other defendants...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 23(2) -- Eviction decree -Execution - Tenant filing objections that he handed over property to brother of D.H. and not in possession - Not tenable - Handing over possession to brother of D.H. does not satisfy decree - J.D. is bound by terms of decree and hand over possession only to D.H...........
Civil Procedure Code, 1908, Section 23 -- Husband filed divorce petition in Bhopal (Madhya Pradesh) and wife filed petition for restitution of conjugal rights in Ahmednagar (Maharashtra) - Wife seeking transfer of petition of husband to her Court - Held, transfer application will lie in the High Court of Madhya Pradesh and not in Bombay High Court...........
