Civil Procedure Code, 1908, Order 8, Rule 6A, 6B, 6C, 6D, 6E, 6F, 6G -- Counter claim - Every principle that applies to adjudication of suits, applies to counter claim also - Counter claim for all practical purposes, resembles an independent suit, be it in the context of limitation, payment of Court fee and the like - Counter claim can be made even while acknowledging any..........
Court Fees Act, 1870, Section 7(iv)(c), (v)(e), Civil Procedure Code, 1908, Order 7, Rule 11 -- Filing of declaratory suit in which consequential relief of injunction sought - Valuation of court fee - Held, plaint for purpose of court-fees and jurisdiction is required to be valued in accordance with S.7(iv)(c), (v)(e) of Act on market value of suit property - Plaintiff not..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Proof - Defendant has established before Court that infact he paid a sum of Rs.25 lacs just 2 years prior to present litigation not only to mother, but also to plaintiff - He has also established that plaintiff who owned sizeable immovable property disposed of the same - Held, plaintiff failed to establish..........
Court Fees Act, 1870, Section 12 -- Court fee - Question as to - It is a matter between the plaintiff and the Court - Defendant has no right to file revision petition against decision of trial Court as to payment of proper court fee...........
Delhi Rent Control Act, 1958, Section 50 -- Defendant being an employee of plaintiff corporation allotted accommodation during the course of her employment - Defendant accepted terms and conditions of allotment - Defendant continued to retain possession of suit premises after termination of his services inspite of request made to her to vacate the suit property - Suit..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross appeal - Dismissal of counter claim - Counter claim treated as a suit for all purposes - Gives right to aggrieved party to file a separate appeal - Defendant filed cross objections by paying requisite Court fee - Held, in terms of O.41.R.22 CPC defendant can file cross appeal, though numbered as cross objections,..........
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..........
Civil Procedure Code, 1908, Order 33, Rule 9 -- Plaintiff a member of Scheduled Caste entitled to Court fee Exemption under Regulations of 1996 - Court on an enquiry came to the conclusion that plaintiff has no means to pay Court fee and granted permission to sue as an indigent person - Defendant seeking to quash the Certificate for Court fee exemption granted by Mandal..........
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..........
Court Fees Act, 1870, Section 7(d) -- Suit for declaration and injunction - Court fee on memorandum of appeal paid on the basis of valuation in plaint - Defendant can take objection of valuation and court fee in the trial Court - As defendant did not raise any issue of undervaluation in the trial Court nor a finding was given by the trial Court on that aspect, plaintiff is..........
