Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Ad valorem Court fee - Suit for declaration and cancellation of transfer deed - Non-executant - Plaintiff was not executant of transfer deed in question and he has also claimed relief of possession - Ad valorem Court fee would be payable in terms of provisions of Ss.7(iv)(c) and S.7(v) of the Act and not in terms of market..........
Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Property involved in the case is live electric wire, which is not ordinarily available in the market let alone in shops, as material objects are exclusively used by Electricity Department on making special order directly to Industries manufacturing them - Material objects were recovered from possession of A-1 to..........
Stamp Act, 1899, Section 47A, Article 23 -- Schedule IB (as applicable to State of UP) - Stamp duty payable on registration of sale deed - Market value of property - Property in possession of tenants - Market value can be determined by comparison method - If no comparable instances are found, market value can be fixed by making an appropriate deduction from the market..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7(2) -- Eviction - Unauthorized occupation - Petitioners are in unauthorized occupation of Gram Panchayat land reserved for purpose of school playground - Unauthorized occupation and possession of land which is reserved for school playground cannot be directed to be legalized on payment of market price - There is..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration as well as joint possession and permanent injunction - Plaint nowhere establishes a clear cut ouster or abandonment of possession of plaintiff from suit property - Suit property is claimed to be joint between parties - Plaintiff thus, cannot be called upon to pay Court fee on market value of..........
Demolition of buildings -- Eviction of flat-owners - Interest on amount paid to builders for purchase of flat - Flat owners were in possession of flats since 2009-2013 till 2019 when they were asked to vacate flats for demolition of buildings - Amount of Rs.25 lakhs has been paid as interim compensation by State Government - Flat owners were paid only amount that was..........
Rent and eviction -- Lease - Statutory Corporation continuing with the occupation of premises without paying rent from 31.12.2009 - It is unbecoming of a statutory corporation, which is a State within the meaning of Article 12 of the Constitution of India - Respondent directed to vacate the premises and handover peaceful and vacant possession to the appellant - Respondent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C), 23(C) -- Recovery of 10 kg Charas - Plea of false implication - 10 kg charas recovered from possession of accused and market value of same is 1 crore - Hence, it cannot be presumed that police planted charas worth Rs.1 crore falsely - As regarding contention of accused that police demanded..........
Court Fees Act, 1870, Section 7(v)(e) -- Court fee - Suit for declaration that registered exchange deed be declared illegal, null and void and result of fraud and also seeking possession of one of the suit properties - Court fee ad valorem on the market value is payable on the property of which possession is sought - As no market value is stated in the plaint as such Court..........
Indian Penal Code, 1860, Section 489B, 489C -- Fake currency notes - Version of official witnesses with regard to recovery of fake Indian Currency notes of a large volume from a market place from custody of accused is corroborated by Independent witness - Even, opinion of expert shows that currency notes seized from possession of accused were fake - There is no break in..........
