Limitation Act, 1963, Article 57, Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Limitation - Suit for declaration that adoption deed is null and void - Suit filed eight years after execution of adoption deed, is barred u/art 57 of Limitation Act - Suit rightly dismissed...........
Transfer of Property Act, 1882, Section 54 -- Sale - Attachment of property - Sale of subject property pending order of attachment is void only as against the claims enforceable under the order of said attachment and not in respect of other claims - Sale of property attached cannot be construed as illegal sale...........
Hindu Succession Act, 1956, Section 8 -- Property of Hindu male dying intestate - Deceased had died after coming into force of the Act - Legal heirs of deceased were co-sharers thus, had equal share in disputed land - One of co-sharers `K' had no power to execute Will of entire land except of his share and on account of Will, mutation entered in the name of `K' was void ab..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizens - Senior citizens have neither sought any maintenance from opposite parties nor sought any declaration regarding transfer of any property as void - They are aggrieved by ill treatment/torturing and nuisance created by opposite parties on the land belonging to them and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration - Plaintiffs not recorded Khatedars in respect of agricultural land - Unless plaintiff get their Khatedari rights declared by revenue Court, civil suit for declaration of sale deed as null and void is not maintainable - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for injunction - Plea that plaintiff should have sought for relief of declaration of order dated 15.02.2023 as null and void and only then a relief of injunction could have been granted - Injunction is granted to a title holder having prima facie case and for grant of injunction, a relief for..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is illegal, null and void - Petitioner though sought suit for declaration but in fact he is seeking cancellation of sale deed to which petitioner is a party along with other co-sharers - Petitioner is thus, required to pay ad valorem Court fee on the consideration stated in the..........
Writ of habeas corpus -- Brother seeking production of his sister who is under custody of her husband - Petitioner brother is in live-in-relationship with his real sister who is a married woman - There is no fundamental right of a person to have a live-in-relationship with a legally married woman more particularly who appears to be his own sister - Live-in-relationship..........
Constitution of India, 1950, Article 226 -- Writ petition - Registration of document - Challenge as to - Writ petition would be maintainable only where there is failure on the part of registering authority to stick to the mandate of law and mere cancellation of registration of document is sought - Declaration that the document is null and void is exclusively within the..........
Court Fees Act, 1870, Section 7(ivA) -- Ad valorem Court fee - Suit for declaration that gift deed is null and void - Relief claimed is for adjudging the gift deed as null, void as well as forged and fabricated - It is thus, not a simplicter suit for declaration of rights and it clearly falls u/s 7(iv-A) of the Act - Court fee would be payable as per S.7(iv-A) of the Act...........
