Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration and possession - Starting point of limitation - Mere giving assurance to plaintiff by her brother and mother for giving share to her cannot be considered to be starting point of limitation - However, since there was no denial by defendants to plaintiff for giving her share, there was thus, no..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and injunction - Suit is at the stage of cross-examination of PW1 - Amendment sought to seek possession of suit property - However, no reasons stated in affidavit accompanying application with regard to due diligence and why plaintiffs could not bring amendment earlier - Plaintiffs..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - On the ground of limitation - Suit for declaration, permanent injunction and joint possession - Defendant has failed to fulfil requirements of O.7.R.11 CPC - Question of limitation is a mixed question of law and fact and therefore, its decision would depend upon evidence to be led by parties - As..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Plea by defendant that suit property belongs to plaintiff and he has constructed a house and that he was in possession under agreement of sale, executed by plaintiff - Concurrent findings of two Courts below that no agreement of sale was executed by plaintiffs in favour of defendant -..........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Ad valorem Court fees - Suit for declaration, permanent injunction, possession and mesne profit - For each relief plaintiffs are required to value suit and to pay Court fees accordingly - Plaintiffs for relief of possession already paid Court fees 10 times of land revenue - As regarding relief of declaration, since plaintiffs..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff not in possession - Suit not maintainable as consequential relief of possession is not sought...........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Further investigation - Final report on basis of dying declaration - Plea that dying declaration was manufactured and frivolous and that there was no dying declaration of deceased - This fact not investigated by I.O. - Final report..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession - Plaintiff filed the suit on basis of sale deed executed in his favour by his vendor - However, since vendor of plaintiff was declared by Court in earlier decision to be not having any title, plaintiff has no title to subject property - Consequently, decree for declaration of..........
U.P.Zamindari Abolition and Land Reforms Act, 1951, Section 3(14) -- Agricultural land - Declaration regarding use of land for industrial or residential purposes as required u/s 143 of UPZA & LR Act has not made by respondents - In absence of such declaration, land is deemed to be an `agricultural land' as per S.3(14) of the Act - Provision of the Act held, applicable to..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Adoption - Declaration as to valid adoption, on appreciation of evidence, can be made by Civil Court and not by Revenue Court...........
