Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Reference to civil court Documentary evidence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | LAND ACQUISITION ACT, 1894: s.18- Reference to civil court - Scope of - Held: A reference.to civil court is not in the nature of an appeal where appellate forum takes a view based on the evidence before the forum below - In a reference, on the question of adequacy of compensation determined by the Collector, the burden to prove that his award does not correctly determine the amount of compensation and that it needs enhancement is uponĀ· the landowner - To that extent the claimant is in the positionĀ· of a plaintiff before the court - In the absence of any evidence to prove that the amount awarded by Collector does not represent the true market value of the property as on the date of the preliminary notification, the reference court will not be justified in granting any enhancement - Order of reference court set aside and matter remitted to it for disposal afresh after giving opportunity to landowners to lead evidence in support of their claim - Evidence. EVIDENCE: Documentary evidence - Held: The documents that have not been relied upon before the court by defendant cannot be referred to or treated as evidence without proper proof of contents thereof. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2013 INSC 443 |
Petitioner | Ramanlal Deochand Shah |
Respondent | The State Of Maharashtra & Anr. |
SCR | [2013] 7 S.C.R. 631 |
Judgement Date | 2013-07-05 |
Case Number | 5160 |
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