Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for mandatory injunction - Plaintiff tried to camouflage the relief of specific performance as well as for recovery of fixed amount by treating it to be a suit for mandatory injunction - Court needs to be conscious of the relief sought by plaintiff - Order to pay ad valorem Court fee, upheld...........
Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for compensation and damages - Where specific amount of damages is claimed, plaintiff is under obligation to affix ad valorm Court fees on the suit amount...........
Court Fees Act, 1870, Section 7(i) -- Court fee - Claim of damages of 50 lakhs - There is determined amount of money by way of damages - It is no where in the plaint that it is tentative valuation for the purpose of this relief of damages - Ad valorem Court fee payable in terms of S.7(i) of the Act...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharer - Plaintiffs able to demonstrate their possession - Defendants cannot be permitted to claim denial of right to the co-sharer to enter into land especially when such co-sharer is already in possession of land to the extent of his share - Order of Appellate Court granting ad interim..........
Payment of Gratuity Act, 1972, Section 2(s) -- Wages - Ad hoc payment made pursuant to interim orders will not form part of wages within the meaning of expression in S.2(s) of the Act...........
Criminal Procedure Code, 1973, Section 439, Central Goods and Services Tax Act, 2017, Section 132, 134 -- Bail - Offence u/ss 132, 134 of 2017 Act - Accused granted facility of ad-interim bail subject to deposit of Rs.4 crores - Since accused deposited a sum of Rs.4 crores and accused has been enjoying facility of ad-interim bail, accused directed to continue to be on bail..........
Court Fees Act, 1870, Section 7(i) -- Ad valorem Court fee - Money suit - Suit in question is a money suit for compensation and damages falling u/s 7(i) of the Act, therefore ad valorem Court fees would be payable on amount claimed...........
Court Fees Act, 1870, Section 7(i) -- Ad valorem Court fee - Money suit - Valuation for purposes of jurisdiction and relief has to be same in the money suits falling under category S.7(i) of the Act...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail application along with interim bail - When an application for anticipatory bail along with application for ad-interim relief was listed before Single Judge, Judge should have decided the application one way or the other, so far as ad interim prayer or should have taken up for consideration after giving some..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Suit for cancellation of gift deed and permanent injunction - Plaintiff had transferred his share to his father in the year 2007 - Father of plaintiff executed gift deed in favour of defendant in the year 2013 - Defendant is recorded as tenure holder - Application for ex parte ad interim injunction..........
