Punjab Town Improvement Trust Act, 1922, Section 59, Land Acquisition Act, 1894, Section 28, 23(1A) -- Compensation and interest - Claimant entitled to additional amount at the rate of 12 per cent per annum of market value of land as assessed by Award from date of publication of notice under Section 36 to date of Award made by Collector - Interest on amount of compensation..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Provisions of Order 23 Rule I have to be applied in rare cases and this power not to be used lightly - Suit should not be allowed to be withdrawn with permission to file a fresh one on matters which can be corrected by amendment of plaint and pleadings - If clerical mistake crept in plaint and followed in application for..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Plaintiff not entitled to withdraw suit as a matter of course at any time after decree passed by trial Court - Once decree passed by trial Court certain rights vested in party in whose favour suit decided - Words "at any time" in Order 23 Rule 1 apply to suit pending in trial Court -..........
Land Acquisition Act, 1894, Section 23, 30 - - Sub-section (1) of Section 30 only governs applicability of Section 23(1-A) to proceedings before Collector and not before Land Acquisition Court or Appellate Court - Words "every proceeding for the acquisition of any land under the principal Act" occurring in clauses (a) and (b) of sub-section (1) of Section 30 only refer to..........
Land Acquisition Act, 1894, Section 23 -- Market value of land, rise in prices - General upward trend in prices of lands near about or around developing town - Court can take judicial notice of it - Rise in prices of lands nearabout developing town almost a continuous and unending phenomenon...........
Land Acquisition Act, 1894, Section 23(2), 28 -- Sections 23(2) and 28 applicable to all proceedings relating to compensation pending on 30th April, 1982 or filed subsequent to that date, whether before Collector or High Court or Supreme Court, even if they have finally terminated before enactment of Amending Act - Solatium and interest at enhanced rate to be allowed in..........
Land Acquisition Act, 1894, Section 23 -- Rise in prices of land - Acquisition of land for Faridabad - High Court in number of judgments allowed Re. 1/- per square yard per year as rise in market value of land...........
Land Acquisition Act, 1894, Section 23 -- Bound en duty of Court to give time to claimants to make good court-fee in case market price fixed at a rate higher than on which court-fee already paid - High Court decided appeal in 1983, enhanced market price but restricted amount on which court-fee paid - Time not granted for paying deficient court-fee - Either by over-sight or..........
Land Acquisition Act, 1894, Section 23 -- Right to compensation and quantification of compensation - Two distinct concepts - Right to compensation arises when land vests in State - Quantification of compensation merely one of computing value of land on principles enacted in the Act and may pass through several stages - Right to compensation so quantified refers back to..........
Land Acquisition Act, 1894, Section 23 -- Market price of acquired land - To be assessed according to average price of relevant or com parable sale instances relied upon by parties - Not according to a sale instance which might be fetching maximum price, except where gale instances produced by Government and relied upon, then a particular sale deed representing highest..........
