Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Payment of - Suit for cancellation of sale deed or a declaration that deed is invalid, non est, illegal or not binding - Does not convert the suit into one for a declaration with the consequential relief of possession so as to fall within the provisions S.7(iv)(c) of the Act - Therefore, plaintiff not entitled to pay Ad..........
Industrial Disputes Act, 1947, Section 2(oo), 25F -- Termination - Reinstatement - Back wages - Termination of service of the petitioner - workman without following the mandatory provisions of Section 25F of the Act - Direction by the Labour Court to reinstate him with continuity of service and 50% of back wages - The workman was working purely on temporary and ad hoc..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Punjab Village Common Lands (Regulation) Act, 1961, Section 5A, 5B -- Suit for ad interim injunction - Gift of land vested in Panchayat - Suit land was gifted by Gram Panchayat to plaintiff Trust vide a Resolution u/R.13(1) - Said Rule was later held as ultra vires by Apex Court on the ground of being violative of Ss.5A and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - When can be granted - Held, it is only when an application U.O.39.Rr.1 and 2 CPC is filed by a plaintiff at the initial stage of suit that trial Court is required to pass orders awaiting service of notice - Even in such cases, Court has to record reasons for granting any ad interim relief -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficiency in Court fee - Plaintiff has not only sought relief of declaration but has also sought relief of mandatory injunction - Plaintiff under garb of suit for declaration and mandatory injunction, was seeking payment of bonds which were payable on demand - Hence, he was liable to pay ad valorem..........
Court Fees Act, 1870, Section 7(iv)(c) -- Suit for declaration claiming relief of joint possession - Even if it is taken that suit is for possession but since plaintiff was non executant of impugned sale deeds, his case is covered u/s 7(iv)(c) of the Act - Plaintiff is not required to affix ad valorem Court fee, as per consideration of the impugned sale deeds...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - No final relief can be granted at the stage of deciding application for temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Police help to enforce the order - Both the parties claiming their possession - Both the parties filed suits and in both the suits ad interim injunction restraining interference in possession granted - Appeal against ad interim injunction order pending in both the suits - Factum of possession still..........
Consumer Protection Act, 1986, Section 13(3 -- B) - Maharashtra Ownership of Flat Act, 1963, Section 9 - Maharashtra Ownership of Flat Rules, 1964, Rule 9 Housing - Building - Completion certificate - Conveyance deed - Execution of - Sanction plan - Revision of - Construction activities - Restraint order - Interim order - Vacation of - Revision - District Forum has only..........
Court Fees Act, 1870, Section 7(iv)(c) -- Plaintiff filed suit seeking annulment of gift deed and sale deed to which he was not a party - Relief of possession not sought as plaintiff already in possession of property in dispute - Consequential relief of injunction was claimed - Held, plaintiff not required to pay ad-valorem court fee on the amount of consideration of gift..........
