STATE OF WEST BENGAL Vs. SUBHASH RAY CHOWDHURY

JUDGEMENT

(1.) The present set of appeals has been preferred by the State of West Bengal against awards of enhancement of compensation on reference under Sec. 18 of the Land Acquisition Act, 1894 arising out the same notification as well as the same process of acquisition.

(2.) Learned counsel for the State, at the outset, points out that the learned Trial Judge passed the impugned judgments in all the matters on the basis of no admissible evidence at all, since no document was exhibited by either of the parties in the court below.

(3.) Learned counsel submits that although the certified copies of three judgments were produced in the court below, those documents were not formally proved by way of evidence, nor marked as exhibits. As such, it is contended that the impugned judgments and decrees in all the appeals are vitiated by contravention of the provisions of the Indian Evidence Act, 1872 (n short, "1872 Act") as well as the Code of Civil Procedure (hereinafter referred to as "Code"), insofar as the judgments are based on no evidence at all.