Land Acquisition Act, 1894, Section 23 -- Determination of market price of land - Mutation neither primary nor secondary evidence of terms or conditions of contract of sale-Not admissible apart from factum of sale, to prove any of the terms and conditions of contract including sale consideration - Bharat Singh's case, 1979 P. L. J. 82 Over-Ruled - Mutation no evidence of..........
Land Acquisition Act, 1894, Section 23(2), 28, 30(2) - - Appeals fixing market value of acquired land finally disposed of by High Court during the period April 30, 1982 to September 24, 1984 - Whether Amendment Act 68 of 1984 would rob earlier judgments and decrees of their finality - Claimants entitled to benefits of amended Sections 23(2) and 28 even though their appeals..........
Land Acquisition Act, 1894, Section 23 -- Compensation for acquisition - State bound to pay market value of land acquired - Restriction of enhanced compensation to court-fees paid and claim put forward in memorandum of appeal - Not correct - Claimant should be allowed to pay deficit court-fees and compensation awarded at higher rate or rate determined - Denial of payment..........
Land Acquisition Act, 1894, Section 23 - - Poultry Farm, loss of earnings - Compensation can be awarded for the period claimant would have normally and reasonably taken to re-establish himself or to set up a poultry farm at a different place or place he claims to have shifted - Duration to re-establish - Cannot be more than 6 to 9 months - Opinion or assessment done by..........
Civil Procedure Code, 1908, Section 11, Order 23, Rule I - - Earlier representative suit in which proprietary body claimed that suit land belonged to plaintiffs and then Sarpanch given it in exchange after wrongly representing that suit land belonged to Gram Panchayat - During pendency of earlier suit, present suit filed in which plaintiffs claimed that property belonged..........
Punjab Gram Panchayat Act, 1992, Section 23, 21 -- No power with Gram Panchayat to impose a prospective recurring penalty at first stage of conviction for breach of its order made absolute under Section 21 - Fine cannot be imposed for a breach which has yet to take place in future - Neither on principle nor on precedent any scope for doubting correctness of view expressed..........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 1, Rule 1, 10, 13 -- Objection in written statement that suit liable to be dismissed because of no, impleading of State a necessary party - Application under Order 23 Rule 1 for withdrawing suit with permission to file a fresh one-Allowed since State a necessary party and suit against State..........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 1, Rule 1, 10, 13 -- Non-impleading of necessary party in a suit - Does not result in any formal defect...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Comes into play only if any decree to be passed on the basis of compromise - Application that suit be dismissed as withdrawn in view of compromise arrived at between the parties - Provisions of Order 23 Rule 3 not applicable - Compromise if any entered outside Court and on that basis suit to be dismissed - Application if..........
Punjab Land Reforms Act, 1972, Section 23 -- Lays down punishment to be awarded - Collector not empowered to award punishment - Making false declaration or statement or furnishing a false or incorrect information etc., a criminal offence - Case can be decided only by a Criminal Court of competent jurisdiction in accordance with procedure laid down in Criminal Procedure..........
