Recovery suit for money -- On basis of mortgage deed - Defendant availed loan of Rs.9 lakhs from plaintiff for purchase of suit property and executed mortgage deed - As per terms of mortgage defendant should redeem mortgage within 24 months after paying principal amount with 18% interest per annum - Defendant contended that he borrowed loan of Rs.6 lakhs and she repaid it..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for recovery of school fee - Appellant an unaided private school filed suit for recovery of money for fee hike against students and their parents - S.22 of Haryana School Education Act ousts jurisdiction of civil Courts only in matters where Government or its officers have been empowered to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Suit for recovery of money for damages - Damages fastened on defendants on the ground that their omissions and commissions have caused damages to building of plaintiff rendering the same uninhabitable - Said finding is based upon report of an expert, prepared and issued by a private..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for recovery of money for damages - Exact amount has to be determined by Court - Since liquidated amount of Rs.1,50,000 as compensation was claimed by plaintiff, he was required to pay Court fee on said amount - In case subsequently more compensation is awarded, Court would call upon plaintiff to deposit Court..........
Stamp Act, 1899, Section 33, 35 -- Impounding of document - Unstamped agreement to sell - Plaintiff was claiming relief relying upon agreement of sale and entire suit was based upon said document for recovery of money and damages, same cannot be considered as collateral purpose - Document in question directed to be impounded and only on payment of necessary stamp duty and..........
Stamp Act, 1899, Section 33 -- Impounding of document - Recovery suit - Plaintiff had not filed suit for specific performance of contract rather he had filed suit for recovery of money that was given by him in part consideration of agreement to sell - Trial Court had committed an error in impounding the agreement to sell and sending it to Collector (Stamps) for..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Wife sought transfer of suit filed by her mother-in-law against husband seeking declaration of right over property which was agreed to be sold vide agreement arrived at between husband and wife in meditation - Said agreement entered into between parties in a suit filed by wife seeking recovery of gold..........
Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for recovery of money for damages and compensation - Suit being money suit is governed by provision as contained u/s 7(i) of the Act and not Schedule II of the Act...........
Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for recovery of money for damages and compensation - Plaintiff has quantified the costs that he claimed to have suffered on account of malicious prosecution alleged at the hands of defendant - Suit filed for claiming damages on account of such malicious prosecution - Merely for the reason that in prayer clause he..........
Recovery suit for money -- Money suit for recovery of debt should not be dismissed for non-production of Succession Certificate, but Court should grant reasonable time to enable the party to produce it - Therefore, a decree passed without production of Succession Certificate is not a nullity...........
