Court Fees Act, 1870, Section 7(iv)(c) -- Suit for declaration as well as joint possession over the joint Hindu Family Coparcenary property - No prayer for cancellation of sale deed - Plaintiff not executant of sale deed - Ad valorem Court fee is not payable - Moreover S.7(iv)(b) of the Act also exempts the payment of ad valorem Court fee where a share in joint Hindu..........
Court Fees Act, 1870, Section 7(4) -- Suit for declaration that sale deed is void - Suit filed on the allegations that the same is the result of fraud and misrepresentation - Held, it is a suit seeking relief of cancellation of sale deed - Thus ad valorem court fee is payable on the consideration of the sale deed...........
Court Fees Act, 1870 -- Sale deed - Annulment - Court fee - Issuance of post dated cheques - If there is recital in the sale deed that in the event of non payment of sale consideration or dishonour of post dated cheques sale deed shall stand revoked/cancelled/rescinded then simpliciter suit for declaration is maintainable and plaintiff is not required to pay ad valorem..........
Court Fees Act, 1870, Section 7(iv)(c) -- Sch. 2, Article 17(iii) - Suit for permanent injunction and for declaration - Plaintiff making allegation that instrument is void and hence not binding upon him - Held, if a declaration simplicitor is prayed, then plaintiff is not required to pay ad volrem court fee - Fixed court fee will be payable under Article 17, Sch. 2 of the..........
Court Fees Act, 1870, Section 7(iv)(c) -- Suit for permanent injunction and declaration - Plaintiff making allegation that instrument was void on the ground that document was forged one and it does not bear the signature of the executor - Plaintiff party to the instrument - Held, plaintiff not required to pay ad volrem court fee...........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Suit for declaration that sale deed executed by defendant No.1 in favour of defendant No.2 is invalid - Held, if non executant of the sale deed under challenge is in possession of the property and sues for declaration that the sale deed is null and void, such plaintiff has..........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Suit for declaration that sale deed executed by defendants is invalid - Plaintiff not a party to the sale deed and only seeking declaration being already in possession - So far as alternative prayer for possession is concerned, it is a contingent event that in case plaintiff..........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit by one co-owner for declaration of his share - Possession of one co-owner is deemed to be possession of all co-owners - A mere occupation of larger portion or even of entire joint property by one co-owner does not necessarily amount to ouster as possession of one co-sharer would be..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Cancellation of a deed or a declaration that deed is invalid, non est, illegal or not binding - If the executant wants to avoid the deed he has to sue for cancellation of the deed and has to pay ad-valorem court fee on the consideration stated in the deed - If non executant wants to avoid it, and he is in possession, he..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Non executant of deed seeking declaration that deed does not bind the 'co-parcenary' and for joint possession - There was no prayer for cancellation of sale deed - Held, Court fee is computable u/s 7(iv)(c) of the Act...........
