Aandakrishna Bose vs W. Verner - 1874 Supreme(Cal) 2

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1874 Supreme(Cal) 2

Aandakrishna Bose – Appellant
Versus
W. Verner – Respondent

JUDGMENT

Sir Richard Couch, Kt., C.J. - S. 24 of Act X of 1870 says that, in determining the amount of compensation to be awarded, the Judge and Assessors must take into consideration, first, the market-value of the land at the time of awarding compensation; secondly, the damage (if any) sustained by reason of severing the land from other land of the owner; thirdly, the damage (if any) sustained by the owner by reason of the acquisition injuriously affecting his other property; and fourthly, if, in consequence of the acquisition, he is compelled to change his residence, the reasonable expenses incidental to such changes. S. 29 says that, in case the Judge and one or both of the Assessors agree as to the amount of compensation, their decision shall be final. Looking at s. 24, the amount of compensation must be taken to mean, not the different matters that are to be taken into consideration separately, but the whole compensation. In s. 35 the expression again occurs:--"If the Judge differs from both the Assessors as to the amount of compensation, he shall pronounce his decision," & c. Mr. Beaufort has stated that on some points he differs from Mr. Howe in the manner in which he arrive

Click Here to Read the rest of this document