Arbitration and Conciliation Act, 1996, Section 45 -- Reference to arbitration - Power of Court - Agreement assailed on grounds of being null and void on account of undue influence - Only a prima facie view has to be taken whether or not agreement is i, operative...........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Suit for declaration that sale deed is null and void and not binding upon the rights of plaintiff - Plaintiff a party to the sale deed - Even if it is taken that he has not claimed the relief of possession even then he is required to pay ad valorem Court fee on the amount of consideration mentioned in the sale deed to..........
Representation of the Peoples Act, 1951, Section 100(1)(a), 80, 84, 9A, 116A -- Election petition - Subsisting Government Contracts of returned candidate - Appeal - As per Government Order Dt. 16.11.1951, power to terminate the contract was only with the Chief Engineer - Plea of returned candidate that his Government contracts were terminated by the Divisional Engineer by..........
Court Fees Act, 1870, Article 17(3) -- Sale deed - Challenged to be null and void - Court Fee - Plaintiff in possession of property in dispute and not party to the sale deed - Held, Court fee is payable under Article 17(iii) of Second Schedule of the Act...........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Sale deed - Challenged as null and void - Plaintiff when not a party to the sale deed and also not seeking possession, is not required to pay ad-valorem court fee but where the plaintiff is seeking cancellation of sale deed along with consequential relief of possession, he is required to pay ad-valorem court fee...........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Petition by wife for declaring marriage as null and void as her consent for marriage was obtained by playing fraud - It was disclosed to wife that husband is computer engineer - She ignored the fact that he was lesser in age than her since he was Computer Engineer - After marriage it came to her knowledge that her husband had..........
Civil Procedure Code, 1908, Section 92, 27(4) - - Trust - Jurisdiction of Civil Court - Bar as to - Relief claimed to declare resolution null and void by which plaintiff was removed from trusteeship and applicant No.3 to 5 have been inducted as its trustee - Held, suit was not brought by plaintiff as representative of public for vindication of public rights and the same is..........
Civil Procedure Code, 1908, Section 151 -- Null and vide order - Withdrawal of - Held, in case the order is null and void or non est in law, it can be withdrawn by the Court - Such a power is available even to the Tribunal...........
Possession -- Suit for possession on basis of title - Suit property transferred on the basis of power of attorney which was never executed by plaintiff - Held, plaintiff is not required to seek declaration regarding power of attorney and sale deed being null and void because plaintiff is not a party to the said documents and therefore the said documents are non existent..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Limitation Act, 1963, Article 59 -- Sale deed - Cancellation - Limitation - Prayer for declaration that sale deed is null and void - Unless deed of sale is cancelled the transfer cannot be held to be null and void - Suit for cancellation of sale deed is governed by Art.59 of Limitation Act -..........
