Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agricultural land - Maintainability of suit before civil Court - Primarily relief prayed for in suit is cancellation of sale deed and declaration is a secondary relief - Plaintiffs have come up with a plea that they are recorded khatedars of land in question - They definitely did not require any..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Deceased was getting Rs.6,000 as monthly salary from stone crusher company - He was also working in his farm and earning therefrom is not controverted - Even if direct evidence regarding exact amount of income had not come on record, deceased could be presumed to have..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Suit property is an agricultural land - No material is placed with application filed for appointment of advocate commissioner - Evidence of petitioners is already completed - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Minor husband - Wife refused to live with her husband during course of trial on account of facing harassment and cruelty, time and again on the part of husband - Wife has sufficient and cogent reason to live separately from her husband - Though there is no exact income of husband on record but..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Minor husband - Wife refused to live with her husband during course of trial on account of facing harassment and cruelty, time and again on the part of husband - Wife has sufficient and cogent reason to live separately from her husband - Though there is no exact income of husband on record but..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issues regarding valuation and pecuniary jurisdiction of Court - Defendants who filed written statement had not raised issue of pecuniary jurisdiction and participated in proceedings - They have not produced any documents to substantiate that classification of land is not agricultural land and..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Bar of jurisdiction of civil Court - Suit for permanent injunction of agricultural land not maintainable before Civil Court - Trial Court directed to return the suit U.O.7.R.10 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Suit for cancellation of preliminary and final decree passed by Assistant Collector - Plaintiffs had a remedy to challenge said decree before Revenue Appellate Authority - However, instead of filing a appeal, they filed a suit regarding revenue land before civil Court -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Agricultural land - Issue raised in plaint pertains to sale deed being voidable - Civil Court thus, had jurisdiction to try suit and bar created by S.207 of Rajasthan Tenancy Act had no application - Application rightly rejected...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - Land was acquired for public purpose for establishment of Industrial Area - Lands acquired are situated near T-point of State Highway, acquired land has non-agricultural potential and that a percolation tank just opposite to acquired lands, having sufficient water could be found..........
