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Results of declaration

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UTTARAKHAND HIGH COURT

Year of decision: 2013
Details

Court Fees Act, 1870, Section 7(ivA) -- Suit for declaration of cancellation of sale deed - Valuation of court fee - Held, for cancellation of an instrument in which plaintiff or his predecessor is in title was not party, plaintiff is required to pay court fee on one-fifth of market value of subject matter...........

MADRAS HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution of decree - Suit for declaration and permanent injunction - Compromise decree - Execution petition filed by decree holder U.O.21.R.32 alleging that judgment debtor willfully disobeyed terms of compromise and Court orders - No specific averments made to show violation of compromise decree - Held, mere filing of two..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Ground of res judicata - Suit for declaration of title and perpetual injunction - Defendant sought rejection of plaint on ground of res judicata as the question of title to suit property was decided in an earlier suit - Apart from res judicata not being a ground for rejection of plaint even..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2013
Details

Specific Relief Act, 1963, Section 37, 38, 34 -- Suit for permanent injunction - Scramble for possession as well as scramble for title - Proper remedy is to file a suit for declaration even if plaintiff was in possession of suit property on the date of filing of suit - First appellate Court giving three months time to plaintiff to file a comprehensive suit for declaration..........

ALLAHABAD HIGH COURT

Year of decision: 2013
Details

Court Fees Act, 1870, Section 7(ivA), 7(v) -- Suit for declaration that agreement to sell is void - Court fee - Agreement to sell cannot be treated at par with sale deed - Suit cannot be valued on the value of immovable property - Suit cannot be valued at annual rental value of land - Suit should be valued on the earnest money paid...........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Evidence Act, 1872, Section 32 -- Multiple dying declaration - Court has to scrutinise the evidence cautiously - Court must find out whether there is consistency particularly in material particulars therein...........

DELHI HIGH COURT

Year of decision: 2013
Details

Evidence Act, 1872, Section 32 -- Dying declaration - A dying declaration can be oral or in writing and in any adequate method of communication whether by words or by signs or otherwise will suffice, provided the indication is positive and definite...........

RAJASTHAN HIGH COURT

Year of decision: 2013
Details

Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Police inducted respondent No.6 in the house of petitioner, without any order ever passed under provisions of Act - Petitioner lived in the house with his widow mother - Respondent No.6 instituting several proceedings against husband and claiming to be wife of petitioner - Petitioner's application..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Death of bride by burning within seven days of marriage - Demand of inverter - No whisper about this demand in dying declaration - Not believable that in such short span of time, husband or his family members would treat the bride with such extreme cruelty for the sake of inverter - Accused acquitted...........

ALLAHABAD HIGH COURT

Year of decision: 2013
Details

Specific Relief Act, 1963, Section 34 -- Declaration - `Legal character' - Means legal status and not specifically that legal character must be in regard to certain property - Right claimed by adversary which may hinder the legal status or exercise of right of a person is good enough to bring a suit for declaration u/s 34 of the Act...........

Showing : 1071-1080 of 2886 Results