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Showing : 231-240 of 3466 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2021
Details

Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is null and void - Plaintiff companies claim that they are not executor of sale deed in question - Even though, it is disputed question of fact, but same would not in any manner exempt plaintiffs from legal requirement to pay ad valorem Court fee - Plaintiffs rightly directed to..........

ALLAHABAD HIGH COURT

Year of decision: 2021
Details

Indian Penal Code, 1860, Section 302 -- Murder - Two different versions - One in dying declaration and another in FIR - Projection of two different versions by prosecution of the same occurrence having material differences with regard to time of occurrence, manner of occurrence and persons who allegedly committed the crime in question - Prosecution unable to answer as to..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Hindu Marriage Act, 1955, Section 23A -- Divorce - Counter claim - Wife seeking counter claim that marriage of husband with one `H' is illegal, void and voidable and that `H' is not a legal wife of husband/plaintiff - Held, defendant by way of counter claim can claim only those reliefs which can be prayed and/or granted under the Hindu Marriage Act, namely relief u/ss 9,..........

ALLAHABAD HIGH COURT

Year of decision: 2021
Details

Evidence Act, 1872, Section 32 -- Dying declaration - Murder - Deceased in injured condition had told public witnesses the name of person who stabbed him - This evidence is relevant u/s 32 of the Act and is reliable...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Suit for declaration of joint possession and permanent injunction - Admission of one of defendant regarding suit property is joint co-parcenary property in other suit itself does not prove that property is ancestral property when such admission is only pleading in other suit, more particularly when it is proved..........

ALLAHABAD HIGH COURT

Year of decision: 2021
Details

Mutation -- Mutation proceedings are summary in nature - No right or title is created - Revenue entries are only for collection of revenues from person whose name is entered in the records - Title can only be seen in a regular suit filed for declaration and not in a writ petition which arises out of a summary proceedings...........

MADHYA PRADESH HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration and injunction without seeking relief of partition and possession is maintainable, as plaintiff has approached the Court with a claim that he is co-sharer and co-sharer are presumed to be in possession of entire property - Cause of action is very well shown in the..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit for declaration that plaintiff is a lawful occupier as caretaker/servant of A schedule property and occupier and adverse possession of B Schedule property - Caretaker/servant never acquires interest in the property irrespective of his long possession and caretaker/servant has to give possession forthwith on demand - So..........

KERALA HIGH COURT

Year of decision: 2021
Details

Transfer of Property Act, 1882, Section 123 -- Gift deed - Attested by two attesting witnesses - Dispute as to status of one of attesting witness - When document appears to have been executed with two attesting witnesses, it cannot be avoided or ignored without intervention of Court and without adjudication of disputed status of witnesses, for which necessarily there..........

KERALA HIGH COURT

Year of decision: 2021
Details

Transfer of Property Act, 1882, Section 123 -- Gift deed - Attestation - Document of gift having only one attesting witness would be void ab initio - But when there are atleast two attesting witnesses to document, document would not stand as ab initio void on the ground that one among the witnesses did not possess required animus testandi, for which there should be an..........

Showing : 231-240 of 3466 Results