Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Cancellation of sale deed - Allegation of fraud, deceit and fabrication - Revenue Courts are not skilled and experienced to try such cases - Suit of such nature is decided by Civil Courts...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Cancellation of sale deed - Allegation of fraud, deceit and fabrication - Filing of counter claim means accepting disputed property under jurisdiction of Civil Court for cancellation of sale deed...........
Court Fees Act, 1870, Section 5 -- Court fee - Suit for declaration that sale deed is null and void - Plaintiff not executant thereto - If the relief is for declaration that sale deed is null and void and not for cancellation of sale deed then plaintiff is required to value suit for declaration and not the value mentioned in sale deed...........
Transfer of Property Act, 1882, Section 106, 107 -- Lease - Unregistered - In the absence of a registered instrument, Courts are not precluded from determining the factum of tenancy from other evidence on record as well as conduct of parties...........
Transfer of Property Act, 1882, Section 106, 107 -- Lease - Unregistered - Agreement can be admitted in evidence and even relied upon to prove factum of tenancy but terms of the same cannot be used to derogate from the statutory provision of S.106 of the Act, which creates a fiction of tenancy in absence of a registered instrument creating the same...........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fees - Suit for declaration that sale deed is null and void and consequential relief of possession - If non-executant who is not in possession seeks not only a declaration that sale deed is invalid but also consequential relief of possession, he has to pay ad valorem Court fees as provided u/s 7(iv)(c) of the Act -..........
Transfer of Property Act, 1882, Section 130 -- Assignment - Two arbitration agreements - Agreement-I is a bi-party agreement between an Indian company and American company - Whereas, Agreement-II is a tri-parte agreement between three companies viz, two Indian companies and one American company - Agreement-II recognizes transfer of rights of original contract i.e American..........
Civil Procedure Code, 1908, Section 151, 152, Order 23, Rule 3A -- Rectification/correction of compromise deed - Scope of Ss.151, 152 CPC is only to rectify the clerical error in the judgment - Scope cannot be extended to meet out the allegations of fraud in recording compromise and passing of consequent award on the basis thereof - If at all plaintiff is aggrieved by..........
Criminal Procedure Code, 1973, Section 174, 154 -- Inquiry - Investigation on an inquiry u/s 174 Cr.P.C. is distinct from investigation u/s 154 Cr.P.C. relating to commission of a cognizable offence - Since there was no FIR registered nor any report u/s 173 Cr.P.C. was submitted, challenge to FIR lodged after closing of case on earlier enquiry conducted u/s 174 Cr.P.C...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Except for special reasons to be recorded for not doing so, till disposal of trial, Court must exercise its discretion expeditiously and judicially in releasing the custody of vehicle in favour of its registered owner after verifying the papers of ownership, insurance, tax and fitness etc, and may..........
