Showing : 71-80 of 114 Results

RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Rajasthan Court Fees and Suit Valuation Act, 1961, Section 38(1)(a)-- Court fee - Suit for cancellation of sale deed - Valuation of suit is to be made on the value of subject matter of suit - Subject matter of suit is not market value of property - Held, value of property for which document was executed is relevant and not its market value for purpose of Court..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Court Fees Act, 1870, Section 7(iv)(c), Article 1-- Court fees - Suit to obtain declaratory decree where no consequential relief is prayed - Art.17(iii) of Schedule II of the Act, will be applicable - However, suit filed by plaintiff virtually intent for cancellation of sale deed executed by her in favour of defendant - Plaintiff cannot claim..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for specific performance - Amendment sought to implead subsequent purchaser as second defendant and adding relief of cancellation of registered sale deed - Held, inspite of due diligence, plaintiff could not file petition seeking amendment as well as impleadment of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Court Fees Act, 1870, Section 7(iv)(c)-- Suit for declaration as well as joint possession over the joint Hindu Family Coparcenary property - No prayer for cancellation of sale deed - Plaintiff not executant of sale deed - Ad valorem Court fee is not payable - Moreover S.7(iv)(b) of the Act also exempts the payment of ad valorem Court fee..........
GAUHATI HIGH COURT
Year of decision: 2011
Details
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Limitation Act, 1963, Article 59-- Sale deed - Cancellation - Limitation - Prayer for declaration that sale deed is null and void - Unless deed of sale is cancelled the transfer cannot be held to be null and void - Suit for cancellation of sale deed is governed by Art.59 of Limitation Act - Limitation to file suit is three years -..........
GAUHATI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 6-- Exemption from limitation - Suit for cancellation of sale deed filed beyond limitation - No pleading in the plaint seeking exemption from limitation in terms of O.7.R.6 CPC - Held, plaintiff cannot agitate exemption from limitation for the first time in second appeal - Suit was barred by..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34, 37, 31-- Suit for declaration of title and injunction - Relief for cancellation of sale deed alleged to have been obtained by fraud and coercion not sought - Suit for declaration is more exhaustive to determine the title or validity of transaction - When relief of declaration of title is granted, it is in..........
MADHYA PRADESH HIGH COURT
Year of decision: 2010
Details
Court Fees Act, 1870, Section 7(4)-- Suit for declaration that sale deed is void - Suit filed on the allegations that the same is the result of fraud and misrepresentation - Held, it is a suit seeking relief of cancellation of sale deed - Thus ad valorem court fee is payable on the consideration of the sale deed...........
ORISSA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Cancellation of sale deed - Suit for - In the objection, opposite party No.1 by way of amendment introduced total new story - She did not file any application to amend her original plaint which indicates that sale transaction had taken place and due to non payment of..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Plot-- Allotment - Sale deed executed and registered - Cancellation - Once a document is registered the remedy is to seek cancellation by filing a suit for cancellation or by filing a suit for appropriate declaration - Only exception is a case where fraud is alleged in the registration of a document by a..........

Showing : 71-80 of 114 Results