The High Court dismissed the application for stay in a first appeal challenging a reference court award. The court held no basis for stay as the enhancement was minimal and there was no ongoing stay for about eight years.
Application for stay rejected; appeal proceedings continue without stay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUATION SHEET CIVIL APPLICATION NO.3283 OF 2003 IN
FIRST APPEAL ST.NO.12469 OF 1999
.............................................................
Office Notes,Office
memorandum of Coram,
appearances,Court’s
orders or directions
& Registrar’s orders.
Court’s or
Judge’s orders
Mr.Y.M.Nakhwa,A.G.P. for State
CORAM: A.S.OKA, J.
DATED: AUGUST 14, 2006.
P.C.:
1. Heard learned A.G.P. for the
Applicant. By preferring the First Appeal
the Applicant has challenged the Judgment
and Award dated 7th August 1998 passed by
the Reference Court in a Reference under
section 18 of the Land Acquisition Act,
1894. For a period of last about 8 years
there is no stay operating in favour of
the Applicant. Moreover, enhancement
which is granted in market value is only
Rs.1690/-. Hence, no case is made out for
stay. Application is rejected.
Judge.
1 issue framed by the court
Whether to grant stay in appeal against judgment under section 18 of the Land Acquisition Act, 1894.
1 provisions across 1 enactments
State
Applicant
A.S.Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court