Land Acquisition Act, 1894, Section 23 -- Evaluation of price of land-Best evidence - Award of Court subject to comparison of land areawise, topographywise and usewise...........
Land Acquisition Act, 1894, Section 4, 6, 9, 23, 24 - - Notifications under Section 4 in May 1973 and under Section 6 in October 1973 while claim for compensation under Section 9 filed in May 1974 - Acquisition challenged in October 1978 on the ground that withholding of award for nearly 4-J years amounted to fraud on statute - To pay compensation in 1982 at rates of 1973..........
Land Acquisition Act, 1894, Section 4, 6, 9, 23(1), 24 - - Challenge that acquisition not for bona fide need and notifications issued for collateral purpose of pegging down prices to date of notification under Section 4 and thus abuse of power - Facts : (a) Earlier notification under Section 4 allowed to lapse as no notification under Section 6 issued within prescribed..........
Land Acquisition Act, 1894, Section 4, 6, 23(1) -- Challenge that acquisition not for bona fide need but for collateral purpose of pegging down prices to date of Notification under Section 4 for future acquisition and thus abuse of power - Notification under Section 6 issued just 10 days before expiry of statutory period of 3 years from issuance of Notification under..........
Land Acquisition Act, 1894, Section 4, 6, 9, 23 -- Notification under Section 4 published in September 1972, while Notification under Section 6 issued in July 1975 and Notice under Section 9 issued in August 1981 - Acquisition challenged after 9 years - Non-action of Authorities to take any steps to complete acquisition and payment of compensation with the object of..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A - - Order of remand under Order 41 Rule 25 - Setting aside of judgments and decrees of Courts below - Not necessary - Order of remand if under Order 41 Rule 23 or 23-A - Judgments and decrees of Courts below have to be set aside...........
Punjab Gram Panchayat Act, 1953, Section 21, 23 -- Recurring fine, imposition of - Not permissible without regular trial...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Court if chooses to act on the basis of a compromise or consent given by a party to litigation - Presumption that case pleaded by party in whose favour order is passed accepted by Court...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Challenge that consent decree being collusive and fraudulent be declared null and void as same based on plea which was factually wrong - Court in second suit cannot go behind earlier decree (because that decree settles rights of parties) and find out as to whether passed on right or wrong facts - Subsequent Court not entitled..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - As good as a decree obtained after contest - Holds its force and binds all concerned unless and until set aside or avoided - Consent decree is binding unless and until same avoided in one of the permissible ways...........
