Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale instances relied upon by High Court not challenged by authority - Therefore, findings recorded by High Court that sale instances can be best exemplars and which can be considered for determining and assessing the market value of lands acquired has attained finality...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Deduction of 50% while determining market price - Part of acquired land abuts National Highway and at the same time, sale instances pertains to comparatively smaller plots as compared to acquired lands, a reasonable deduction is required to be made while determining market price - Deduction of..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 6A -- Compromise - Suit disposed of in terms of compromise but formal decree not drawn - Plaintiff to file an application u/s 151 r/w O.20.R.6-A CPC before the Court for drawing the decree in accordance with the order...........
Civil Procedure Code, 1908, Order 23, Rule 1(4)(b) -- Withdrawal of suit - Without liberty to file fresh suit on same cause of action - Subsequent suit on same cause of action on which earlier suit was dismissed - Not maintainable...........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23, 27, 28 -- Remand of case - Court having allowed application U.O.41.R.27 CPC had two options contemplated U.O.41.R.28 CPC i.e either to record evidence itself or to direct Court from whose decree appeal had been preferred to record such evidence - However, despite allowing additional evidence U.O.41.R.27, appellate..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Ingredients required to invoke S.23 of the Act neither pleaded nor otherwise present - Provision of S.23 of the Act not attracted...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son - Petitioner/son has been living in subject premises since his birth - Purported transfer within meaning of S.23 of the Act was made prior to enforcement of Act in the State of Rajasthan - Even by virtue of extended meaning of S.23 of the Act,..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Theft of vehicle - Delay in informing Insurance Company - Repudiation of claim on ground of delay by Insurance Company - When complainant had lodged FIR immediately after the theft of vehicle and police after investigation arrested the accused and filed challan and when claim of insured is found to be genuine,..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3A -- Rejection of plaint - Compromise/consent decree - Suit to set aside - At the stage of deciding application for rejection of plaint, Court is to see as to whether suit is maintainable in view of O.23.R.3-A CPC and not to consider suit on merits and validity of compromise decree...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Suit to set aside - Party has to approach the same Court, which recorded the compromise decree - Separate suit challenging the consent decree is not maintainable...........
