TMI Blog1912 (7) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... they intimated that on that ground they would humbly advise His Majesty that the appeal should be dismissed with costs. 2. The appeal purported to be an appeal as of right from an award of the Chief Court of Lower Burma. Some land belonging to the appellants had been taken for public purposes under the provisions of the Land Acquisition Act, 1894. In due course the Collector made his award. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e award dealing minutely with the evidence, and they held that the award of the Collector had given the appellants u all and probably more than the full market value of their property, and so they dismissed the reference with costs. They were precluded by the Act from awarding less than the amount awarded by the Collector. 3. It was admitted by the learned Counsel for the appellants that it wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e shall apply to all proceedings before the Court under this Act. That enactment applies to an earlier stage in the proceedings and seems to have nothing to do with an appeal from the High Court. Section 54 is in the following terms :- 54. Subject to the provisions of the Code of Civil Procedure applicable to Appeals from original decrees, an Appeal shall lie to the High Court from the award o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of arbitrators as to the value of a piece of land in India-a mere question of fact-without the advantage of any local knowledge or the privilege, if it be a privilege, of seeing the cloud of witnesses who engaged the attention of two Judges of the Chief Court of Lower Burma for forty-five days, or even the opportunity and the interest of viewing a property the value of which seems so extraordina ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
