Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 41, Rule 21 -- Ex parte decree - Setting aside - Sale deed was executed in favour of "R" - "R" was not arrayed as party either at the stage of the suit or at the appellate stage and a judgment was rendered against her - Trial Court allowed the application and set aside the ex parte decree -..........
Court Fees Act, 1870, Section 7(iv)(c), Article 1 -- Court fees - Suit to obtain declaratory decree where no consequential relief is prayed - Art.17(iii) of Schedule II of the Act, will be applicable - However, suit filed by plaintiff virtually intent for cancellation of sale deed executed by her in favour of defendant - Plaintiff cannot claim possession unless said deed..........
Punjab Land Revenue Act, 1887, Section 34 -- Sanction of mutation - Validity - Respondent No.4 was recorded owner and she sold land in litigation to respondents No.5 and 6 for a valuable consideration of Rs.15,20,000/- by means of registered sale deed - Petitioner did not deny execution and consideration amount of sale deed in question - He claimed that respondent No.4 was..........
Registration Act, 1908, Section 17, 32, 34A -- Unilateral cancellation of gift deed - Void - It is only when earlier deed is cancelled by a competent court, a cancellation deed can be registered that too after notice to concerned parties - Unilateral cancellation of deed as well as registration thereof is void, non est and meaningless transaction...........
Land Acquisition Act, 1894, Section 23 -- Compensation - Determination - `De-escalation' - Exemplar sale deed was executed exactly 1 year 7 months and 17 days after publication of preliminary notification - Held, deduction of 10 percent under the head of "de-escalation" justified...........
Hindu Law -- Partition - Reunion - Once partition takes place according to law it brings about separation - Therefrom property ceases to be joint - Even if thereafter coparceners live together and do cultivation jointly, the legal status brought about through partition deed cannot be ignored - It is only in rare cases that phenomenon of reunion can be established - It can..........
Evidence Act, 1872, Section 73 -- Comparison of signatures - On rent deed with summons served - Court should first examine such party and confront his signatures on the summons and if the party admits the same, then only such signatures can be compared with the disputed signatures...........
Court Fees Act, 1870, Section 7(iv)(c) -- Transfer deed sought to be cancelled - Plaintiff sought joint possession alongwith other co-owners - Plaintiff to pay ad valorem court fee as provided u/s 7(iv)(c) of the Act - Court fee is to be computed on amount at which relief sought is valued in plaint...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Hindu law - Joint family property - Partition - There had been a disruption in the joint family many decades ago - There was also separate selling and purchasing of properties, raising separate fund executing Will or executing gift deed - Held, if parties for a long time have independent management of properties which by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complainant admitted in her cross examination that at the time of sale deed, accused had paid Rs.60,000/- - Complainant also admitted that hand writing on counter foil of the cheque is hers and it does not bear signature of accused - There is no explanation in her notice and..........
