ILLA ROY CHOWDHURY versus SHYAMALI DAS AND ORS.

ILLA ROY CHOWDHURY versus SHYAMALI DAS AND ORS.

The effect of a conditional order is that the benefit under the order can be derived only if the conditions precedent are satisfied. As they were not satisfied, the High Court's order was not required to be given effect to. Pursuant proceedings serve no fruitful purpose.

Parties
Appellant: Illa Roy Chowdhury; Respondent: Shyamali Das
Jurisdiction
India
Judgment Date
16 May 2008
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
appeal allowed
Legal Topics
Conditional Orders, Reference Proceedings Under Land Acquisition Act, Compensation Entitlement
Property Law Land Acquisition Conditional Orders Reference Proceedings Under Land Acquisition Act Compensation Entitlement

Case Brief

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Parties

Illa Roy Chowdhury

Appellant

Shyamali Das

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Effect of conditional order of High Court allowing application for reference under ss. 30 and 31 of the Land Acquisition Act, 1894 when conditions precedent are not satisfied

Ratio Decidendi

The effect of a conditional order is that the benefit under the order can be derived only if the conditions precedent are satisfied. As they were not satisfied, the High Court's order was not required to be given effect to. Pursuant proceedings serve no fruitful purpose.

Court Disposition

appeal allowed

Orders

  • High Court judgment set aside
  • No order as to costs