cover image: The Calcutta Weekly Notes  Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts  Monday  August 19  1912

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The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday August 19 1912

1912

But there appears to be another ground suggested at the conclusion of the judment via that the decision of the Court of Reference or of the High Court on appeal is in the nature of an " arbitration " and that the Judges arQ " arbitrators" for the purpose of valuing the property acquired. [...] 3 of the Land Acquisition Act the refeences would undoubtedly lie to the Court of the Munslf or the Subordinate Judge or the District Julge as'the case might be according to the value of the interest in dispute and but for sec. [...] 21 the scope of the inquiry is restricted to a consideration of the interests of persons affected by the objections—and thus indirectly by the terms of the reference and pehaps also of the declaration (sec. [...] AFTER WHAT WE HAVE SAID ON THE TRUE INTEpretation of the scope and provisions of the sections of the Land Acquisition Act already referred to it seems hardly necessary to add further comments on the use of the expression " arbitration " and " arbitrator" in connection with the award of the judges on a reference by the Collector. [...] Sec 18 makes it clear that a reference may be demanded as well on a question of the preferential right of one amongst several rival claimants to the copensation awarded or of the apportionment thereof between them as on the question of the amount of the compensation due to the owners from Government ; that the reference may arise as often out of a contest between the Collector and the lowner
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday August 19 1912
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