Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - State and its instrumentalities cannot be permitted to adopt an attitude of pick and choose - If State has accepted award of Reference Court in respect of some of claimants, it cannot be permitted to adopt a different treatment to other claimants - In that view of matter, order of High Court..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Landowners who are aggrieved by amount of compensation determined by Land Acquisition Officer are not bound by negotiated price agreed by other landowners - However, same can be said to be a relevant consideration for determining compensation...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - High Court determined and awarded compensation by granting 35% rise to negotiated price of Rs.1,00,000 percent, which is on a lower side - However, taking into consideration the location of lands, lands being garden lands having road access, 60% rise to negotiated price is just compensation -..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property - Deed of gift followed by a declaration, within seven days of the execution of gift deed, signed by both the parties that transferee would look after the food, daily needs and medical requirements of transferor - Declaration/undertaking should be taken as continuation..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Revocation of gift deed - Deed of gift followed by a declaration, within seven days of the execution of gift deed, signed by both the parties that transferee would look after the food, daily needs and medical requirements of transferor - Declaration/undertaking should be taken as continuation..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendant as plaintiff - Transposition of a defendant can be permitted in case of part abandonment of claim by plaintiff, provided defendant seeking transposition has identical interest with plaintiff vis-a-vis both, contesting defendants and subject property -..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property - When it is alleged that conditions mentioned in S.23(1) of the Act are attached to a transfer, existence of such conditions must be established before Tribunal...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Gift deed - Cancellation - Gift deed in question does not contain any stipulation that transferee will maintain senior citizen - In the absence of any condition stipulated in said document, provision of S.23(1), (2) of the Act are not attracted - Gift deed cannot be cancelled - Single Judge..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Claimed by transgender who performed surgery to change gender to a female - Petitioner has Sweet Shops and Snack Center and he is getting income of Rs.25,000 to 30,000 per day and also have immovable properties - Interim maintenance of Rs.12,000 p.m. rightly granted...........
Civil Procedure Code, 1908, Order 23, Rule 3A, Constitution of India, 1950, Article 226 -- Compromise decree - Writ petition - Maintainability - Only remedy available to a party to a consent decree or any person not a party to a suit or appeal, to avoid such consent decree, is to approach the same Court which recorded the compromise and made a decree in terms of it and..........
