Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that plaintiffs are owners in possession of 50% share of property and sale deed is null and void - Plaintiffs are neither executant of documents in question nor they are seeking possession of suit property, as they are already in joint possession - Therefore, there would be no requirement to..........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte ad interim injunction without notice to the opposite party - Court should record its reasons - An obligation is cast on the applicant to comply with requirements of clause (a) and (b) of the proviso - Both the provisions are mandatory...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte ad interim injunction - Non-compliance of provision of O.39.R.3 Proviso (a), (b) CPC - If Court is satisfied of non-compliance by applicant with provisions contained in proviso then on being so satisfied would simply vacate ex parte order of injunction without expressing any opinion on merits of case leaving it open..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Ad interim injunction was in favour of plaintiff for almost 22 years from 2002 to 2024 - Suit has been now dismissed by trial Court - Order of status quo rightly passed pending appeal...........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations against appellants are that they entered into a conspiracy with other individuals to fabricate a forged Will after death of testator that was then used to circumvent sale deed - Neither any criminal breach of trust nor any..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Call to be taken by Courts for payment of Court fee or not, shall be appropriately considered by framing an issue upon the same and providing an opportunity to lead evidence and hearing parties to lis - Payment of ad valorem Court fee under these circumstances is mixed question of..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for recovery of money for damages - Exact amount has to be determined by Court - Since liquidated amount of Rs.1,50,000 as compensation was claimed by plaintiff, he was required to pay Court fee on said amount - In case subsequently more compensation is awarded, Court would call upon plaintiff to deposit Court..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is null and void - Where a person is challenging sale deed and is not a executant of sale deed and is not seeking possession, then he is not required to pay ad valorem Court fee ...........
Custody of Child -- Presence of child in court - Except in exceptional and unavoidable circumstances, presence of children in Court Hall and in public areas of court premises and for even purpose of counseling, or such other statutory proceedings to be ordered sparingly and with great caution - Where children are so asked to be produced are not made to wait ad infinitum..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Infringement of trade mark - Trade mark of defendant is visually, phonetically, structurally and deceptively similar to plaintiff's registered trade mark with the similar symbol for which plaintiff has secured trade mark registration certificate and has been using the same since long - Defendant's..........
