Civil Procedure Code, 1908, Order 37 -- Summary suit for recovery - Dishonour of cheque - Allotment of plot - No liability admitted on the part of defendants which would entitle plaintiff to institute a suit U.O.37 CPC - Cheque issued by defendant could be treated at the best, as part payment towards repurchase of nine flats from plaintiff - Remedy of plaintiff does not..........
Civil Procedure Code, 1908, Section 151, Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Suit for recovery of money - Mistake of Court - On compromise for settlement, award of Lok Adalat becomes final - But instead of passing award as per memo, Lok Adalat Committee by mistake took civil dispute as criminal compounding case - Mistake committed is..........
Civil Procedure Code, 1908, Section 102 -- Scope - If subject matter of suit is anything other than recovery of money or something more than recovery of money, provision of S.102 CPC cannot be invoked...........
Civil Procedure Code, 1908, Section 102 -- Suit not only for recovery of money but also for declaration and permanent injunction - Held, provision of S.102 CPC is not applicable...........
Court Fees Act, 1870, Section 7(iv)(a)(As -- Ad valorem Court fees - Suit for declaration that sale deed is null and void - U.P. Amended Act specifically provides for payment of court-fee in case where suit is for or involving cancellation or adjudging/declaring void or voidable an instrument securing property having money value - Ad valorem Court Fees u/s 7(iv)(a) of the..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption of mortgage - Mortgagee who purchased and acquired the right of redemption from some of co-mortgagors, during pendency of suit that too after second appeal decree in favour of redemption was passed, has first to yield to redemption of mortgage in favour of remaining decree holders and then to sue for..........
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 amount - Contention rejected, as suit..........
Specific Relief Act, 1963, Section 14, 34 -- Contract of personal service - Cannot be specifically enforced - Termination of service of an employee by a private company, at best, gives right to aggrieved employee to sue for compensation in money - Suit for declaration that termination is illegal is not maintainable...........
Wakf Property -- Appellant is claiming himself to be lessee under Board - After the file of suit appellant stated depositing lease money in Civil Court - Thus, unilateral act of appellant to deposit amount in Civil Court will not extend lease - There is nothing on record to show that appellant ever intimated Board regarding deposit of lease amount and Board had agreed to..........
Negotiable Instruments Act, 1881, Section 118(a) -- Pronote - Presumption - Suit for recovery - In the instant case, plaintiff is involved in money lending business without obtaining any licence under Money Lender`s Act and defendant admits his signature on pronote and receipt but with a rider that signatures were obtained on blank paper in fiduciary relationship -..........
