Agreement to sell -- Decree for specific performance - Sale deed - Stamp duty - Value of the property to be taken as the value shown in agreement of sale, unless the said valuation is increased by Court while granting decree of specific performance - Stamp duty and registration fee not to be paid as per market value on the date of presentation of said sale deed and this..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Valuation of suit and court fee - It is nature of relief claimed which becomes the basis for valuation of a suit - A suit is always to be valued on the reliefs as claimed - Market value of any property cannot be a decisive factor for valuation of suit - Since the relief..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Compromise - Refund of Court fee - Petitioner filed the suit for specific performance and permanent injunction - However, suit was compromised but plaintiff failed to establish the facts mentioned in compromise - Compromise could not be accepted - But prayer of withdrawal of suit deserve acceptance was..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration - Matter of Court fee is between plaintiff and Court and in case at the time of final adjudication if Court fees is found to be deficit, plaintiff can always be asked to make good the Court fees - Trial Court committed error by treating suit in question for..........
Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for mandatory injunction - Plaintiff tried to camouflage the relief of specific performance as well as for recovery of fixed amount by treating it to be a suit for mandatory injunction - Court needs to be conscious of the relief sought by plaintiff - Order to pay ad valorem Court fee, upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Court fee - Suit for specific performance in the garb of suit for declaration and mandatory injunction - Plaintiff cannot be permitted to avoid to pay ad valorum court fee by simply using different words and language - Order to pay ad valorum court fee on the..........
Court Fees Act, 1870, Section 7 -- Court fee - Specific performance - Court fee is to be paid only on the proportionate share of which plaintiff seek possession...........
Civil Procedure Code, 1908, Section 151 -- Recall of an order - Application filed by defendant - Order directing defendants to pay Court fee to counter claim - Defendant filed counter claim for declaration, injunction and specific performance - However, by way of amendment defendant deleted relief of declaration and ownership - But still trial Court directed defendant to..........
Court Fees Act, 1870, Section 7(iv)(d) -- Court fee - Suit for specific performance and permanent injunction - Relief for permanent injunction does not flow from relief for specific performance and is independent relief - Thus, court fee is to be separately valued and is payable u/s 7(iv)(d) of the Act...........
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..........
