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Results of suit for declaration

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Showing : 51-60 of 1720 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that transfer deed is null and void - When a non-executant claiming himself to be in possession of suit property, seeks declaration to the effect that transfer deed under challenge is null and void, he is not liable to affix ad valorem Court fee...........

MADHYA PRADESH HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Suit for annulment of two sale deeds and a presumptive decree of possession - Trial Court held that none of the three plaintiffs are party in the impugned sale deeds - Need to pay ad valorem Court fee in regard to relief of declaration these deeds as null and void gets obviated - As regards..........

ALLAHABAD HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 17, 20 -- Jurisdiction of Court - Suit for declaration - Properties spread over at different places - One of such property situated within jurisdiction of Court at place `B' - Suit rightly instituted in Court at place `B'...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Benami Transactions (Prohibition) Act, 1988, Section 4(3)(a) -- Benami transaction - Plaintiff father proved that properties had been purchased with his funds in the name of his two minor sons having no source of income - He also proved that he had possession of property - Defendant/son admitted the suit averments - In these circumstances, elements necessary to establish..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Mutation -- Entry in revenue record does not necessarily give rise to cause of action - Revenue entry is only for updating revenue record and a mere entry or non-entry does not affect right, title or interest of owners - In the instant case, suit for declaration that plaintiff is owner to extent of 1/5th share in joint agricultural land as well as 1/3rd share in..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Evidence Act, 1872, Section 112 -- DNA test - Suit for declaration of ownership - Defendant filed application for directing plaintiff to get her DNA test conducted - Parties have led evidence in support of their respective stands taken in Court - Defendant cannot compel plaintiff to adduce evidence in support of case set up by defendant - Moreover, defendant failed to make..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Court Fees Act, 1870, Section 7(i) -- Ad valorem Court fee - Plaintiff under the garb of suit for declaration with mandatory injunction, is seeking recovery of specified amount of Rs.15 lakhs as damages - It is thus, a suit for money - Ad valorem Court fee as per S.7(i) of the Act is payable according to amount claimed by plaintiff...........

ALLAHABAD HIGH COURT

Year of decision: 2022
Details

Mutation -- Mutation proceedings are summary in nature - No right or title is created - Revenue entries is only for the collection of revenue from the 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 summary proceedings...........

KERALA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 92 -- Temple - Public or private - Determination - Temple is being administered by public, that new poojas and festivals are being conducted by them in temple - Public have renovated the temple and constructed buildings without involvement of family of plaintiff No.2 - Merely because a document is not executed by plaintiff No.2 and his..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, possession and damages - Plaintiff led no evidence to establish that he was throughout in possession since 1930 after resumption of grant by successor of defendant - First appellate Court and High Court have proceeded on assumptions and presumptions to hold in favour of State on the question..........

Showing : 51-60 of 1720 Results