Punjab Co-operative Societies Act, 1961, Section 36, 23 -- Production of certified copy of resolution authorising a person to conduct suits on behalf of Co-operative Society - Relates to a matter of day-to-day working of Society - Considered prima facie evidence within meaning of Section 36 and deemed to be correct till contrary is proved - Not a case of statement of..........
Land Acquisition Act, 1894, Section 23 -- Principal and primary question while ascertaining compensation for land acquired - Market value of land - Determination depends upon nature and potentiality of land - To effectively and finally adjudicate - Necessary pleadings ought to be available - For that purpose pleadings must contain claim of compensation - To claim higher..........
Land Acquisition Act, 1894, Section 23(1) - - Not merely for carting of machinery-Shifting involves dismantling of foundations, carting of entire material and machinery and re-erecting of foundations and installing of machinery at new site - All this process involves lot of expenditure...........
Land Acquisition Act, 1894, Section 23(1) - - Compensation for loss of business - Time taken in restarting business at another place as counted from the date dispossessed from land or building - claimant entitled to be compensated for loss incurred for not being able to run his business for that period - Stone-crushing business - Claimant allowed one year's compensation..........
Land Acquisition Act, 1894, Section 23 -- Expert valuation - Awarding of compensation - Court should adopt pragmatic approach - Experts called by either side - Have tendency to tilt towards the side which had adduced him as his witness - Court arrogates to itself expert knowledge in holding that estimate of a given expert wholly wrong or that of another wholly right...........
Land Acquisition Act, 1894, Section 23 -- Compensation for building and structure - Cannot be capitalised value of net profits of business carried on in the building...........
Land Acquisition Act, 1894, Section 23(1) - - Compensation for loss of business - Correct indicia - Income-tax return for accounting year immediately preceding date of notification - Non-filing of income-tax returns of later years - Inference that same must not be showing any net profits or lesser net profits - Not correct...........
Punjab Co-operative Societies Rules, 1963, Rule 23 -- No jurisdiction with Assistant Registrar to deal with employee of Co-operative Society - Action of Assistant Registrar whereby Secretary of Co-operative Society "blacklisted" - Without jurisdiction - Quashed - Punjab Co-operative Societies Act, Section 3...........
Land Acquisition Act, 1894, Section 23(1) - - Loss of earnings due to acquisition of land - A factor to be taken into consideration in fixing market value - Loss of earnings to be calculated on the basis of what earnings would be if trade or business pursued at a particular locality - Damage for loss of business granted when person pursuing business compelled to give it up..........
Land Acquisition Act, 1894, Section 23(1)fourthly -- Poultry Farm on acquired land - Compensation for loss of earnings - Claimant entitled for the period which it will take to restart poultry business and to receive income from the birds - Hardly makes any difference whether claimant able to restart business after acquiring suitable land or had closed the business for no,..........
