Land Acquisition Act, 1894, Section 23 -- Land acquired situate in Ludhiana -Ludhiana a prosperous and fast expanding industrial city - Judicial notice can be taken of the fact that prices in Ludhiana were and are continuing to increase very rapidly...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Mandatory - Non-compliance i. e. compromise or agreement not in writing and not signed by parties - Compromise decree based on it - Unsustainable - Court cannot possibly pass a consent decree on the basis of compromise or agreement by-passing requirements of Order 23 Rule 3...........
Civil Procedure Code, 1908, Section 96(3), Order 23, Rule 3 -- S.96(3) based on broad principle of estoppel - Agreement or compromise as envisaged by Order 23 Rule 3 not there - No question of principle of estoppel becoming operative - Bar of appeal against consent decree (not in terms of Order 23 Rule 3) - Not applicable...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Merely raising of a frivolous plea that suit bad for mis-joinder or non-joinder of parties - Would not justify order under Order 23 Rule 1...........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaintiff wanted to rest its claim on a different basis - Cannot be called formal defect - Proper course - To seek amendment of pleadings under Order 6 Rule 17 and not application under Order 23 Rule 1 - Merely because a different plea is taken - Would not amount to a formal..........
Land Acquisition Act, 1894, Section 3(b), 11, 18, 23 -- Person in occupation of land - Covered by definition of "interested person" - Can legitimately ask for a reference - Cannot on that account be held to be having any interest in land acquired - Compensation payable only to a person who has interest in the land or right in the land and this is different from person..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree i. e. decree passed on compromise - Remains essentially a contract between the parties with seal of Court superimposed thereon - Open to challenge on all grounds on which a contract can be vitiated - Consent decree can be challenged not only on grounds available under Contract Act such as fraud, mistake or..........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 3 -- Consent decree - Does not operate as res judicata including constructive res judicata - Effective estoppel between the parties as a judgment rendered by Court in a contested matter...........
Civil Procedure Code, 1908, Section 12, Order 23, Rule 1 -- Court allowed first suit to be withdrawn with permission to file a fresh suit - Order challenged in High Court - Second suit filed in accordance with permission granted by Court - High Court set aside the order and consequently first suit revived but subsequently plaint in first suit rejected under Order 7 Rule 11..........
Land Acquisition Act, 1894, Section 23 - - Determination of compensation - Land had come within municipal limits of town more than one year prior to notification under Section 4 - Town a developing and expanding industrial centre - I and had patent potentialities for being put to residential, commercial or industrial uses and within urban area of town - Valuation on the..........
