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...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Competent authority - Sanction order passed by authority who is competent under law to represent State Government and burden is on party who challenges authority of such order to show that authority competent to pass order of sanction is somebody else and not officer who passed sanction order in..........
H.P.Urban Rent Control Act, 1987,, Section 14, Civil Procedure Code, 1908, Order 1, Rule 9,10 -- Rent and eviction - All the co-owners in an eviction petition seeking eviction on the ground of reconstruction of building are necessary party - In case one co-owner is allowed to raise construction without consent of other co-owners by way of judicial order then legal rights..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Court can implead necessary parties at any stage of case despite the fact that plaintiff is dominus litis of his case...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff is dominus-litius and is not bound to sue every possible adverse claim in the same suit and he may choose to implead only those persons as defendants against whom he wishes to proceed - However, Court at any stage of suit, may direct addition of parties - Question of impleadment of a party..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration that plaintiffs are in possession of land by virtue of their being Hissadar Shamlat - Petitioners while seeking their impleadment, have nowhere alleged that they are in possession of land as Hissadar Shamlat - Rather, admitted case of petitioners is that they had purchased the..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - Power of appellate Court to remand the case to subordinate Court is contained in O.41.Rr.23, 23-A, 25 CPC - However, it is obligatory for appellant to bring its case under any of these provisions before claiming a remand - High Court had no jurisdiction to remand the case to trial Court, where no party to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Can be set aside if summons were not duly served or if a party is prevented by sufficient cause from appearing in response to the summons...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Death of plaintiff during pendency of suit - One of the heirs already representing the deceased plaintiff - Defendant undertaking not to contest the issue regarding non maintainability of suit for want of impleadment of all the legal heirs of original plaintiff - No..........
Family settlement -- A family settlement is binding on members of the family even if one of the parties have not subscribed his signature to the deed - But there should be clinching evidence to show that the party who is not a signatory to the deed has acquiesced in settlement by his subsequent conduct...........
