Court Fees Act, 1870, Section 7(iv)(c) -- Court fees - Suit for declaration and permanent injunction - Without claiming relief of possession, relief of permanent injunction is treated as `Substantial Relief' and not as Consequential Relief, which does not attract S.7(iv)(c) of the Act...........
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..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey Commissioner - Suit for permanent injunction - Demarcation of land made by Government agency - Sketch map and stress map marked as exhibits on behalf of plaintiffs without any objection - Evidence is available on record to decide lis - Thus, there is no need to appoint Survey Commissioner - Application..........
Easements Act, 1882, Section 60(b), 56 -- Irrevocable licence - Licence become irrevocable within the meaning of S.60(b) of the Act, when licensee acting upon licence has executed a work of a permanent nature by constructing a telephone booth upon suit property and further licensee incurred expenses in execution of such permanent work - Since such licence does not come..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory injunction - Restraining defendant from interfering in exclusive possession of plaintiff over suit land or from raising construction - Plaintiff himself admitted that defendant had laid foundation of shop in question prior to institution of suit with his consent - Defendant on the other hand also..........
Civil Procedure Code, 1908, Order 8, Rule 6C -- Exclusion of counter claim - Suit for permanent prohibitory injunction - Counter claim raised by way of easement of way over subject matter of suit - If counter claim raised is proved, it would be relevant for adjudication of relief sought by plaintiff in the suit - Counter claim would not come under the purview of O.8.R.6-C..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Leave U.O.2.R.2(3) - Agreement to sell - Suit for permanent injunction - Right to file separate suit for specific performance reserved - Court allowing application U.O.2.R.2 CPC - Cause of action for both the suits are different - In case of suit for injunction plaintiff is required to make out the existence of prima facie..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining husband to interfere in the wife's possession of property - Wife being legally wedded wife of husband, is entitled to enjoy the benefit of house, in which she is permitted to stay under compromise deed - Family Court rightly granted decree in favour of wife - No exception can be taken to said..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Suit for permanent injunction and declaration - Questions raised in second appeal did constitute substantial questions of law within the meaning of S.100 CPC - High Court unfortunately did not examine any of issues much less in its proper perspective - High Court..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Suit for permanent injunction - Both the parties claiming right over suit property by virtue of sale deeds in their favour - High Court committed error in dismissing appeal against ex parte decree passed by trial Court and relegating defendants to file a fresh suit - Since both the parties claiming right..........
