Land Acquisition Act, 1894, Section 23, 24 -- Assessment of market value - Onus of issue as to what is market value of property - On claimant...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Satisfaction of plaintiff by defendant in respect of whole or any part of subject-matter of suit - No requirement of document being in writing and signed by the parties - Rule 3 does not prescribe any formal mode of recording such satisfaction - Satisfaction rested on statement of respective counsel of the parties in..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- True import - Discloses two distinct classes of compromises in suits - First part visualises a lawful agreement or compromise arrived at out of Court by the parties - Second part applicable where defendant satisfies plaintiff in respect of whole or any part of subject-matter of suit - Two parts must be read separately and..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Requirement of document being in writing and signed by the parties - Applicable only to lawful agreement or compromise arrived at by the parties out of Court for adjustment of suit...........
Punjab Gram Panchayat Act, 1992, Section 21, 23 -- Removal of encroachment - No conditional order made - Final order cannot be made - Penalty cannot be imposed - Gram Panchayat on complaint summoned petitioner and after hearing complainant and petitioner and considering statements of witnesses, ordered imposing of fine by way of punishment and removal of encroachment..........
Punjab Gram Panchayat Act, 1992, Section 42, 21, 23 -- Gram Panchayat summoned petitioner under Section 447 Indian Penal Code - Petitioner a public servant serving in Post and Telegraphs Department, described as accused, punishment as conviction and fine imposed - Under Section 23 only a penalty can be imposed and not a fine - Sentence of fine can only be under Section 447..........
Land Acquisition Act, 1894, Section 23 -- Market value of orchard or grove land - Value of fruit trees or orchard to be assessed independently of value of land and then add market value of land keeping in view its potential to be utilised for residential or commercial area - Not correct method of evaluation that either price of land as such (without fruit trees) and timber..........
Land Acquisition Act, 1894, Section 23 -- Market value of land - Statute does not define 'market value' - Matter not left to vagaries of mere opinion and absolute discretion of Tribunals or Courts - Market value means the price that a willing purchaser would pay to a willing seller for the property, having due regard to its existing condition with all its existing..........
Land Acquisition Act, 1894, Section 23 -- Pathways, Kools and Gharats (water-mills), land under - Cannot be treated as inferior unit - To be treated as part of land - Not to be put in a separate category to decrease amount of compensation - Pathways, Kools and Gharats meant for approach and irrigation for benefit of lands to which these serve - Utility services if closed..........
Land Acquisition Act, 1894, Section 23 -- Belting System - Carving out land into different Belts or Blocks - Not to be universally applied in every case...........
