Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 9, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Service of summons - Defendant after having read the summons refused to accept the same - Provision of O.5.R.17 CPC complied with - Where a defendant refuses to accept summons, Court shall declare that..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Deduction for development charges - While determining deduction for development charges, Courts should keep in mind the nature of land, area under acquisition, whether land is developed and to what extent, purpose of acquisition etc...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - While determining market value of large chunk of land, value of smaller pieces of land could be taken into consideration, however, after making appropriate deduction in the value of lands or setting apart land required for carving out roads, leaving open spaces, plotting out smaller plots etc...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Market value of acquired land - High Court duly considered all sale instances and has relied upon sale instances of 1991 and 1992 which were close proximity to the date on which lands in question were acquired - Cut of one third was imposed by High Court - Assessment of market value so..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 1026 days - Suit for specific performance - Liberal view has to be taken in the matter of condonation of absence of a party especially in a suit for specific performance unless negligence is so grave to the extent of outweighing..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Once the counsel had withdrawn his Vakalatnama, in normal course, trial Court ought to have issued notice to defendants to engage another counsel - However, trial Court committed error by proceeding ex parte...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte decree - Setting aside - Suit was at the stage of plaintiffs evidence - Evidence of defendants had not even started - O.17.R.2 Explanation CPC could not be invoked by High Court and based upon it holding that an application U.O.9.R.13 CPC would not be maintainable, as..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Defendant in spite of due diligence could not produce these documents before trial Court - Had these documents were placed before trial Court, it would arrive at a just conclusion on main issue of plaintiff's share in suit property - Appellate Court would require this..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Not a boundary dispute - Demarcation in respect of suit property was already conducted - Unless demarcation order once passed in accordance with provisions of Land Revenue Act is set aside or there are allegations of encroachment or change of boundaries after previous demarcation, fresh..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Partition suit - Serious triable issues arise in the case which need to be determined in the course of trial - Creating third party interest inducting third party by way of sale or otherwise would complicate the matters further - Preservation of property as it exists is therefore necessary and in the..........
