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 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..........
Punjab Village Common Lands (Regulation) Rules, 1964, Section 5 -- Village land - Exchange of land by Panchayat - Appellants challenging the action of Panchayat on the ground that land which belongs to Panchayat and was given to appellants was of not equal value - However, no material or documents were placed by appellants that exchanged land is of not in equal value -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Property in question jointly inherited by plaintiff and defendants Nos.1 to 15 and 17 to 21 from their paternal uncle - Status of plaintiff and said defendants was as co-owners of suit property as Class-II legal heirs - Defendant No.1 failed to prove that he is exclusive owner of suit property on..........
Court Fees Act, 1870, Section 7(iv)(c), Article 17(iii) -- Court fees - Declaration of sale deeds to be null and void sought without seeking relief of cancellation of sale deeds - Plaintiff not party to the sale deeds - Ad valorem Court fee not required to be paid...........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Original landowners executed power of attorneys in favour of one `S' to facilitate him to get the lands acquired in favour of Society, not for selling their lands other than Society - Sale of lands by power of attorney in favour of appellants during pendency of proceedings is wholly illegal and void ab..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Registered adoption deed - Presumption - Adoption deed registered, as such it cannot be said that it was procured subsequently in back date - Due execution of adoption deed proved by witnesses - Even adoption was published in the newspaper - Mere no, signing of adoption deed by natural mother, does not affect the..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, , Order 6, Rule 17 -- Impleadment of subsequent purchasers - Suit for cancellation of exchange deeds and permanent injunction - Applicants purchased the property during pendency of proceedings from plaintiff - It cannot be said that applicants are bonafide purchasers and title,..........
Transfer of Property Act, 1882, Section 123, Registration Act, 1908, Section 17 -- Unregistered gift deed - Gift deed being compulsorily registrable document leaves no impact if it is unregistered - Getting the gift deed registered subsequently to the registered sale deed of the same property is also no impact as the same is obviously to obviate the concurrent decrees of..........
Power of Attorney Act, 1882, Section 1A, 2, Registration Act, 1908, Section 32, 33 -- Power of attorney - Registration - Power of Attorney holders executed sale deeds in question on their own behalf and on behalf of their principals and they themselves presented said sale deeds for registration - Case does not fall u/s 32(c) and therefore, provision of S.33(1)(a) of the..........
