Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Deficient Court fee - Plea that land sold exceeded what was agreed or that consideration was not paid are questions of fact, to be adjudicated in trial proceedings after proper pleadings and evidence - Those contentions do not affect legal requirement of affixing proper..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of nullity of a rapat entry and correction of revenue records - Applicant has placed on record certain documents such as mutation and Jamabandi showing transfer of suit land from State Government to one `J' and thereafter to himself - He has also referred to several rounds of..........
Co-sharers -- Un-registered memorandum of partition - Memorandum of partition was acted upon and pursuant thereto part of suit land was sold by one of co-owner - Plaintiff did not challenge said sale deeds for a period of nearly 20 years and filed civil suit only in 1994 - Since the memorandum of partition was acted upon and remained unassailed for nearly two decades and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Disputed agricultural land has already been sold out by respondent Nos.4 and 5 to respondent No.8 - Plaintiffs have not shown that they are entitled to any protection u/s 53-A of Transfer of Property Act, as they have not taken possession or performed their part of contract - Plaintiffs have not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Plaintiffs only claiming interim relief that defendant be restrained from alienating or transferring disputed land in favour of third party - They are not protecting their possession of disputed land - Relief of interim injunction can be granted in favour of plaintiffs..........
Land Acquisition Act, 1894, Section 5A -- Acquisition of land - Objections - Claimants who do not file objections or pursue judicial challenge cannot contend that inquiry u/s 5-A of the Act is vitiated, nor can they seek quashing of S.6 of the Act declaration on that ground - In the event objections are not pursued through litigation, notification becomes conclusive proof..........
Land Acquisition Act, 1894, Section 5A -- Acquisition of land - Objections - Once proceedings conclude in award and possession is taken without challenge, Court would not entertain any belated grievance from interested person...........
Land Acquisition Act, 1894, Section 48 -- Release of land - Having accepted monetary settlement without challenge and remained passive during litigation spanning several years, it cannot now seek benefits from relief secured by others - Confluence of its commercial status, nature of relief and practical impossibility of restoration due to intervening modifications..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of grandsons - Respondent Nos.3 & 4 voluntary made a statement that they do not wish to maintain their grandfather from whom they got land transferred - Even, they do not wish to keep transferred land - It is a clear case where inter se family property..........
Court Fees Act, 1870, Section 7(ivA) -- Ad valorem Court fee - Suit for cancellation of sale deeds - Plaintiff valued the suit on basis of consideration mentioned in sale deeds, which is erroneous, because market value of property involved in sale deeds is to be considered on the date of filing of suit - But trial Court has ignored this fact - Trial Court is directed to..........
