Family Courts Act, 1984, Section 7 -- Suit for declaration that marriage is void - Husband filed a suit against his wife that she performed Hindu marriage with respondent no.2 whereas she is Muslim by religion - No case of husband that wife had converted to Hinduism by giving up Muslim religion - Marriage between a Hindu and Muslim could be performed only under Special..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is null and void - Where executant of sale deed wants it to be annulled, he has to pay ad valorem Court fee on consideration stated in sale deed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - By way of amendment of plaint relief of declaration that sale deed is null and void sought - Bar of limitation - When already a suit for injunction which involves a question of title has been filed, admittedly within time, there shall be no question of bar of limitation being attracted..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - By way of amendment of plaint relief of declaration that sale deed is null and void sought - There is no enlargement of scope except elucidation of issue in controversy by seeking a specific prayer for declaration of title - Nature of suit also does not get changed by introduction of..........
Civil Procedure Code, 1908, Section 9, Punjab Village Common Lands (Regulation) Act, 1961, Section 13(b), Punjab Land Revenue Act, 1887, Section 45 -- Jurisdiction of civil Court - Suit for declaration challenging mutation entry being wrong, illegal, void and nullity and not binding on the rights of plaintiffs/proprietors of the village - It is S.13-B of Act of 1961 which..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Court Fees Act, 1870, Section 7(iv)(c) -- Counter claim - Court fee - Counter claim for declaration that agreement to sell, executed by power of attorney holder, is illegal, null and void - Infact the relief sought is for cancellation of agreement to sell - Merely by terming the counter claim as suit for declaration, defendant..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that transfer deed is null and void - When a non-executant claiming himself to be in possession of suit property, seeks declaration to the effect that transfer deed under challenge is null and void, he is not liable to affix ad valorem Court fee...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Suit for annulment of two sale deeds and a presumptive decree of possession - Trial Court held that none of the three plaintiffs are party in the impugned sale deeds - Need to pay ad valorem Court fee in regard to relief of declaration these deeds as null and void gets obviated - As regards..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Plaintiffs in a suit challenging revocation of respective licenses, cannot be permitted to challenge respective mortgages/charges created on entire premises as void ab-initio by way of amendment - Order allowing amendment set aside...........
Civil Procedure Code, 1908, Order 16, Rule 1, 2 -- Summoning of witnesses - Suit for declaration that relinquishment deed is null and void - Summoning of stamp vendor and Sub Registrar, as witnesses, is necessary in order to ascertain the veracity of petitioner's stand - Application allowed...........
