Law: Land Acquisition Act, 1894

Section: 18,28

Law: Civil Procedure Code (V of 1908)

Section: 144

(a) Land Acquisition Act (I of 1894)--- ----Ss. 18 & 28---Civil Procedure Code (V of 1908), S. 144---Reference to court---Enhancement of compensation---Petition for reimbursement of enhanced compensation---Referee Court enhanced compensation which was received by the landlords, the acquiring Authority, filed appeal which was accepted---Petition for refund of enhanced compensation with interest was moved---Referee Court directed for refund of enhanced compensation but declined payment of interest---Validity---Person who had taken the money improperly from the debtor had to restitute to him the amount as a corollary with interest during the time that money had been withheld from him---Section 144 of C.P.C. was equally applicable to money decree and there was no distinction between the private person or the State---Where a sum of money was recovered in execution of a decree which was subsequently reversed or varied then debtor was entitled to get back not only the sum recovered but also the interest or damage or compensation for the period the amount had been retained by him---State was entitled to restitute the entire amount with interest, in circumstances--- Landowners had received enhanced compensation with interest for their acquired land pursuant to decision of Referee Court---Direction to restitute the amount with interest was within the powers conferred on the Court under S. 144, C.P.C.---Impugned order passed by the Court below was modified was held entitled to restitution of money from the date of its payment with simple interest at 3% till the realization/refund of the same---Appeal was disposed of, in circumstances. Shanmugasundara Mudaliar and others v. S. Ratnavelu Mudaliar (1932) 63 MLJ 383; Dip Singh and others v. Jaswant Singh and others (1885) ILR 7 All. 432; State Government of Andhra Pradesh v. Manickchand Jeevraj & Co., Bombay AIR 1973 AP 27; L. Guran Ditta v. T.R. Ditta 1935 37 Bom. LR 162 and Kartar Singh alias Naranjan Singh and others v. State of Punjab AIR 1995 Lahore 1726 rel. (b) Maxim--- ---- "Actus curiae neminem gravabit"---Meaning: Act of the Court should injure none. Rodger v. Comptoir d' Escompte de Paris 1871 LR 3PC 465…

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