Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for recovery of money for damages and compensation - Plaintiff has quantified the costs that he claimed to have suffered on account of malicious prosecution alleged at the hands of defendant - Suit filed for claiming damages on account of such malicious prosecution - Merely for the reason that in prayer clause he..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaintiff has not sought decree of possession but has only sought decree of injunction and claims to be in possession of property which is subject matter of sale deed - Power of attorney on the strength of which sale deed sought to be avoided by plaintiff was executed is also..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Once objection is raised about insufficiency of Court fee, it is required on the part of Court to decide the same first and then proceed to decide the other issues...........
Court Fees Act, 1870, Section 7(iva) -- Court fee - Suit filed to declare Will to be void and restraining others to claim any right over half of property referred in Will deed - Suit filed after death of testator is having money value and Court fee is liable to be paid in view of S.7(iv-a) of the Act...........
Court Fees Act, 1870, Section 16 -- Bona fide mistake in purchase of Court fee instead of non judicial stamp paper - Refund - Court fee purchased remained unused and may not be required by petitioner in near future - Petitioner allowed to return unused Court fees and obtain refund of money thereof...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Payment of school fees of child by husband would not mean that husband would not pay maintenance for the child for living, as payment of fee is all together different responsibility apart from husband paying maintenance to maintain a child and wife - Interim maintenance rightly granted...........
Civil Procedure Code, 1908, Order 16, Rule 10 -- Witness - Non appearance - Where a witness fails to comply with summons of Court and evidence of said witness is material, then in such a situation, Court is required to take coercive steps including issuance of warrants, moreso when party leading its evidence has done all that is in their hand for summoning them through the..........
Specific Relief Act, 1963, Section 39, Easements Act, 1882, Section 52 -- Licence - Defendants have been in possession of suit land exclusively and have been using it admittedly for the last 22-23 years - There is no iota of evidence on record that any amount was being paid as licence fee, nor was it recorded in the revenue document that defendants were in possession as a..........
Civil Procedure Code, 1908, Section 89, Court Fees Act, 1870, Section 16 -- Refund of Court fee - Compromise - Compromise has been entered into between parties before Mediation and Conciliation Centre - Applicant is entitled to refund of Court fee...........
Motor Vehicles Act, 1988, Section 166, 168 -- Accident - Compensation - Appellants had claimed a total sum of Rs.38,34,000 and just and fair compensation that has been determined by Court is Rs.28,00,375 - Therefore, irrespective of appellants confining the claim in appeal to Rs.4 lakhs in addition to amount awarded by Tribunal i.e. 19, 55,250/-, appellants are entitled to..........
