Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Suit for cancellation of sale deed and declaration - Plaintiffs were executants of sale deed and were party to said sale deed - They are thus, bound to pay ad valorem Court fee u/s 7(iv)(c) of the Act...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - High Court allowed second appeal without hearing subsequent purchaser who allowed to become a party respondent along with plaintiff - Application of subsequent purchaser u/s 151 r/w O.41.R.21 CPC praying for an opportunity of hearing also dismissed by High Court - Impugned order of High Court..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Suit for declaration of title - Sanctioned plan to locate the plaint scheduled property in custody of defendant is sought by way of application U.O.11.R.14 CPC - Description of plan reflected in furtherance of plaintiff's suit claim - Once such is the case, it is just in directing the party in..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of title - Impleadment of vendor of property to plaintiff - Vendor having no substantial interest in suit and no relief in the suit has been sought against her - She is neither a necessary party nor a proper party in suit - Since vendor has no longer any interest in suit schedule..........
Evidence Act, 1872, Section 92 -- Suit for declaration that sale deed is sham and void - It is open to party to contend that document executed by him purporting to be a sale deed is only a fictitious or nominal transaction and that it was never intended to be acted upon and that transaction between parties was entirely different one...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for declaration of title and setting aside sale deed in question - Respondent no.3 is neither a transferee nor does she have right to challenge the transfer, as she claims as an agreement purchaser - Presence of respondent no.3 is not even necessary to convey or pass on any title to any of parties to..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - If a party wants a declaration that there was no marriage and no marriage was conducted and thereby status of wife or husband should not be given to any of spouses, then it would be a relief outside the purview of matrimonial laws under the statues no such declaration be possible and the remedy is available..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - PWs specifically proved the fact that when they reached at the place of occurrence deceased was alive and was in a position to make statement - Deceased stated names of accused as his assailants - Moreover, witnesses regarding oral dying declaration, made by..........
Co-owner -- Ouster - To establish plea of ouster three elements are necessary: (i) declaration of hostile animus; (ii) uninterrupted and long possession of party setting up plea of ouster; and (iii) right of ownership should be exercised by party setting up plea of ouster...........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fees - Suit for declaration that sale deeds are null and void and permanent injunction - Once plaintiffs were not party to sale deeds and defendant has not disposed of properties as Karta of Joint Hindu Family then certainly rigors of S.7(iv)(c) of the Act is not attracted and plaintiffs cannot be fastened with liability of..........
