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Documents citing Smt.Susamma Baby vs The State Of Kerala on 23 March, 2011

Koshy Varghese @ Geevarghese Koshy vs State Of Kerala on 30 September, 2013

8. We shall now consider whether, as contended by the appellant, the reference court erred in denying interest under section 28 of the Act to him during the period from 24.05.2003 to 01.03.2012. As stated earlier, this was done pursuant to and in terms of the order of remand passed by this court on 01.03.2012 in L.A.A. No. 794 of 2005. The L.A.A. No. 506/2014 -10- learned counsel, relying on the decision of the Apex Court in Susamma Baby v. State of Kerala and another1, contended that this court could not have imposed such a condition in the order of remand. We are of the opinion that having regard to the stipulations contained in sub- section (2) of section 105 of the Code of Civil Procedure, this court cannot, in an appeal from the revised award passed pursuant to the order of remand, take a contrary view and hold that the appellant is entitled to interest under section 28 of the Act even during the said period.
Kerala High Court Cites 12 - Cited by 3 - P N Ravindran - Full Document

M.J.Philip vs The Specila Tahsildar Land Acquisition on 16 October, 2025

4. The learned counsel appearing for the appellants relied on the judgment of the Hon'ble Supreme Court in Susamma Baby v. State of Kerala and Another [2013 (1) KHC 764]. The Hon'ble Supreme Court categorically held in the said case that while remanding the case to the Reference Court for reconsideration, High Court cannot impose a condition that if the claimant is found entitled to an enhanced compensation, such enhanced compensation would not carry interest which is otherwise allowable under Section 28 of the Land Acquisition Act. He, therefore, submitted that the legal position is well settled and the condition imposed by the learned Division Bench in its judgment in LAA No.305 of 2011 was not sustainable. He, therefore, submitted that the appellants cannot be denied the statutory interest in view of the judgment of the Hon'ble Supreme Court.
Kerala High Court Cites 3 - Cited by 0 - Full Document
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