Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Suit for declaration that sale deed executed by defendant No.1 in favour of defendant No.2 is invalid - Held, if non executant of the sale deed under challenge is in possession of the property and sues for declaration that the sale deed is null and void, such plaintiff has..........
Transfer of Property Act, 1882, Section 52, Specific Relief Act, 1963, Section 19(b) -- Lis pendens - Execution of gift deed during pendency of suit for specific performance - Held, gift deed is null and void as (1) it is executed during pendency of suit and is hit by doctrine of lis pendens; (2) donee under gift deed is not a bona fide transferee as the transfer is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that sale deed is not null and void - Plaintiff not a party to the sale deed - Plaintiff not seeking possession - Plaintiff not required to pay ad-valorem court - Order dismissing application U.O.7.R.11 CPC, upheld...........
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...........
Haryana Panchayati Raj Election Rules, 1994, Rule 71 -- Election petition - Tie between petitioner and respondent - Complete fraud played on the entire electoral process at the time of declaration of result - Two certificate being successful in the election issued to both the adversaries - Process carried out to resolve the tie, held as null and void - Case remanded -..........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - Company - Agreement categorically stating that agreement shall be null and void and of no effect whatsoever unless it is expressly approved by the Board of Directors - Absence of such approval - Company cannot be deemed to be a party to the agreement...........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Cancellation of a deed or a declaration that deed is invalid, non est, illegal or not binding - If the executant wants to avoid the deed he has to sue for cancellation of the deed and has to pay ad-valorem court fee on the consideration stated in the deed - If non executant wants to avoid it, and he is in possession, he..........
Punjab Security of Land Tenures Act, 1953, Section 4, 5 -- Surplus area - Declared in 1960 - Subsequent order passed by Prescribed Authority and civil court order passed in favour of landowner ignored by authorities as area declared surplus had already vested in State Government - Held, as the area vested in the State Government in 1960 as such all subsequent proceedings..........
Order -- Illegal, null and void - Even an illegal, null and void order remains operative till it is set aside...........
Motor Vehicles Act, 1988, Section 147 -- Accident - Compensation - Fake driving licence - On renewal of licence forgery is not cured - Once a forgery, the driving licence is null and void and it cannot attain any legitimacy and get the colour of genuineness by renewal under the Act - When driver is holding a fake driving licence then Insurance company cannot be held liable..........
