Showing : 1-10 of 18 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Court Fees Act, 1870, Section 7(iv)(d)-- Court fee - Suit for specific performance and permanent injunction - Relief for permanent injunction does not flow from relief for specific performance and is independent relief - Thus, court fee is to be separately valued and is payable u/s 7(iv)(d) of the Act...........
KERALA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 20-- Suit for specific performance with an alternative relief for refund of advance amount - Subject matter of appeal is confined to return of advance amount - Appellant contended that since the relief confined is only to return of money, Court fee has to paid in part i.e only for recovery of advance..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Order to pay ad valorem court fee - Suit for specific performance filed though merely because of jugglery of words a decree of declaration sought - For all intents and purposes decree for specific performance of agreement of sale was sought - Order directing plaintiff to pay..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Ready and willing - Suit filed by plaintiff with a Court fee of Rs.10 alone, knowing fully well that plaint will be returned - Plaint returned and it was kept idle for 5 years and thereafter represented the same by making good the deficiency of court fee but without..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Suit for permanent injunction filed when it was open for plaintiff to file suit for specific performance - At the later stage on the same cause of action plaintiff seeking leave to file a comprehensive suit of specific performance - When main relief should be for seeking specific performance of..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Court Fees Act, 1870, Section 7-- Court Fee - Suit for permanent injunction - Restraining defendant from transferring Hot Mix Plant and other machinery - Prayer made is only for simple permanent injunction - It does not contain any prayer for passing decree for specific performance of contract or for accounting - Maximum Court fee..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Court Fees Act, 1870-- Court fee - Amended relief of specific performance - Application for amendment was brought within time before relief for specific performance could have been lost by law of limitation - Court condoned delay in payment of court fee and allowed for carrying out amendment - Held, order itself became..........
JHARKHAND HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 16, 20, Contract Act, 1872, Section 55-- Suit for specific performance of sale agreement allegedly executed by defendant - Plaintiff failed to comply with the time fixed in the agreement for the purchase of property - When suit filed, plaintiff had no ready money even to pay court fee which was paid after one year - Plaintiff had no..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Court Fees Act, 1870, Section 7(iv)(c), Article 1-- Suit for specific performance - Execution of subsequent sale deeds challenged - Declaration sought that the sale deeds in favour of other defendants illegal, null & void - Claimed decree of mandatory injunction to execute and register sale deed in favour of plaintiff - Case not covered u/s..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2002
Details
Agreement to sell-- Suit for specific performance - Readiness and willingness - Deficit Court fee - Payment of deficit Court fee can be for numerous reasons - By itself not a ground to believe that plaintiff had no capacity to pay the amount of consideration...........

Showing : 1-10 of 18 Results