Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can be rejected, namely : (a) the plaint does not disclose a cause of action; (b) where relief claimed is undervalued and the plaintiff, on being required by Court to correct the valuation within a time to be fixed by the Court, fails to do so; (c) where the relief claimed is properly valued but..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 16 -- Temporary injunction - Suit for specific performance - Time essence of contract - From the date of agreement to till the date of suit, plaintiff/purchaser sat quiet without taking any steps to perform his part of contract under the agreement though agreement specified period of four..........
Agreement to sell -- Suit for specific performance - Mutually inconsistent pleas - Plea that sale deed was to be executed within a period of 4 months however in deposition it was stated that sale deed was to be executed only after expiry of term of lease - Agreement executed on non judicial stamp paper which was purchased 11 months prior to the date mentioned in the..........
Signing blank paper theory -- Document typed on stamp papers - Name and address of scribe not appearing in the document - Scribe not examined - When there is theory of signing blank papers then scribe is the best person to reveal the correct position with respect to whether blank papers were signed or whether the executant had come to him for the execution of the document..........
Civil Procedure Code, 1908, Section 73(1)(b), Order 21, Rule 17 -- Money decree - Execution - Third party mortgagee seeking amount under mortgage deed - Stamp paper used for mortgage deed was purchased on 2 May 2003 when summary suit for money was pending - On 24 July 2003, Court granted leave to judgment debtor subject to furnishing solvent surety to the extent for suit..........
Civil Procedure Code, 1908, Section 122, Rule of, 236 - - Final decree - Engrossment on stamp paper - Procedure for - Held, a final decree in a partition suit shall be prepared on no, judicial stamp paper of requisite value - A copy of final decree shall be sent to Sub Registrar for registration - A final decree cannot be engrossed on stamp paper of value proportionate to..........
Prevention of Corruption Act, 1988, Section 7,13,2(c)(i), Stamp Act, 1899, Section 69 -- Stamp vendor selling stamps for a higher price than the face value - Delhi Province Stamp Rules 1934, R. 28 - Licensed stamp vendor is a `public servant' within the meaning of S.2(c) (i) of the Act as he gets commission from Govt. for selling stamps which otherwise is the duty and..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Two conditions for execution of the decree are (i) the judgment has to be converted into a decree and (ii) the decree should be enforceable - Limitation cannot be said to begin only when the decree is engrossed on the stamp paper...........
Agreement to sell -- Specific performance - Blank paper theory - Defendant in his cross examination stated that he never thumb marked any blank stamp paper on the asking of anybody till date - Defendant himself falsifies his plea of fraud...........
Stamp Act, 1899, Section 12, Negotiable Instruments Act, 1881, Section 4 -- Stamps - Cancellation - No part of signatures descending on paper - Stamps can be lifted and can be used somewhere else - Not proper cancellation - Document to be treated as unstamped document...........
