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C. JAYACHANDRAN
Director, 'Kila' (Kerala Institute of Local Administration) – Appellant
Versus
Amina Hydhrose, D/O. Hydrose – Respondent
The common question which surfaces for consideration in these Revision Petitions is as follows:
2. In the orders impugned in these Revision Petitions, the learned Additional Sub Judge found that the petitioner herein (second respondent before the Sub Court) has no right to claim appropriation.
3. It requires to be mentioned at the outset that the Land Acquisition Appeals were ultimately dismissed. There is no quarrel before this Court amongst the parties that, if the appropriation as indicated by the judgment debtor in the statement of accounts dated 11.03.2015 is permissible in law, the entire Award amount stands wiped of; whereas, if such appropriation is impermissible, the decree holders are entitled to get the E.P reopened, so as to claim the balance amount due.
4. Heard Sri.P.B.Krishnan, learned counsel for the petitioners, Sri.Vinod Bhat, l
The judgment clarified the right of the judgment debtor to appropriate the amount deposited, even when there is a shortfall at a particular stage, and specified that the appropriation will be subject....
Government must appropriately calculate and pay interest on compensation amounts in accordance with established legal principles, prioritizing interest over principal in land acquisition cases.
The adjustment of compensation amounts in land acquisition cases must adhere strictly to statutory provisions, particularly regarding the lawful taking of possession and the calculation of interest, ....
Decree holders cannot re-calculate interest after the decree has been satisfied, ensuring the appropriated amounts are first allocated to interest, then to costs, and lastly to principal under the es....
Important Points1. Sections 59 and 60, Contract Act, would be applicable only in pre decretal stage and not thereafter.2. In the absence of specific direction contained in the decree or agreement amo....
The court ruled that amounts deposited under a decree should first be applied towards interest and then to the principal sum unless otherwise directed in the decree.
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