Land Acquisition Act, 1894, Section 23 -- Land acquisition - Determination of compensation - Reference Court as well as High Court not considered sale deeds produced on behalf of State for determining compensation - Lands in all the sale deeds are in close proximity and adjoining to land acquired - No reason assigned by High Court as to why sale statistics not referred -..........
Hindu Succession Act, 1956, Section 23, 6(u -- Dwelling house - Hindu Undivided Family Property - Partition sought by daughter - Plaintiff was not coparcener on the date when her father passed away - Upon death of her father, u/s 6 of the Act, notional partition of his share in HUF takes place - To the extent property is nationally partitioned, plaintiff being daughter..........
Hindu Succession Act, 1956, Section 23, 6(u -- Dwelling house - Hindu Undivided Family Property - Partition sought by daughter - Plaintiff was not coparcener on the date when her father passed away - She was married during life time of her father and she had neither deserted nor separated from her husband - On the date when suit was filed, S.23 of the Act was in force and..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Value of orange trees - Orange plants were about 4 to 5 years old - Reference Court was thus, justified in observing that orange trees were very much ripe for yielding orange fruits and awarded compensation of each orange tree @ Rs.60, which will remain undisturbed - However, Reference Court was..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Revenue assessment of land - High Court ignored the higher revenue assessment of acquired land - Revenue assessment of land is about Rs.30/- On the date of taking of possession 85%-90% of acquired land was irrigated land - Since irrigation facilities were available to claimant for 12 months in a..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Scope - Provision of S.23 of the Act is applicable even if the conditions stipulated therein viz. that the transferee shall provide the basic amenities and basic physical needs to the transferor, is stipulated only orally and is not in writing or is not a part of the document of transfer...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, Transfer of Property Act, 1882, Section 126 -- Scope - Distinction between the two provisions - Provision of S.23 of Act of 2007 is in addition to and in any event different to an extent from the provision of S.126 TPA and not in derogation thereof - S.23 provides for additional safeguards to the..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, 22, Chandigarh Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, Rule 20 -- Declaration issued u/s 23 of the Act - S.22 of the Act read with Rule 20 of the Rules provide a detailed procedure for the enforcement of senior citizens rights upon a declaration issued u/s 23 of the..........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a) -- Withdrawal of suit - Formal defect - Expression `formal defect' means a defect of form and not a defect on merits of case...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of suit - Expression `sufficient grounds' is given wider meaning but not restricted meaning so that right of a party is not prejudicially affected and legal remedy denied without adjudication...........
