Void document -- A document which is void need not be challenged by claiming a declaration as said plea can be set up and proved even in collateral proceedings...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Sale deed executed in excess acquired under the Will - Will, held not revoked, by executing an agreement in between some of the beneficiaries - Held, sale is valid only to the extent of land which was bequeathed in favour of vendor under the Will - It will be open for the..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is null and void - Plaintiff companies claim that they are not executor of sale deed in question - Even though, it is disputed question of fact, but same would not in any manner exempt plaintiffs from legal requirement to pay ad valorem Court fee - Plaintiffs rightly directed to..........
Hindu Marriage Act, 1955, Section 23A -- Divorce - Counter claim - Wife seeking counter claim that marriage of husband with one `H' is illegal, void and voidable and that `H' is not a legal wife of husband/plaintiff - Held, defendant by way of counter claim can claim only those reliefs which can be prayed and/or granted under the Hindu Marriage Act, namely relief u/ss 9,..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Attestation - Document of gift having only one attesting witness would be void ab initio - But when there are atleast two attesting witnesses to document, document would not stand as ab initio void on the ground that one among the witnesses did not possess required animus testandi, for which there should be an..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that gift deed was obtained by practicing fraud and undue influence and therefore be declared as void - Fraud vitiates every solemn act - Finding rendered by trial Court that gift deed was brought about by practicing fraud and undue influence is unassailable and calls no interference - Order of lower appellate..........
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 122C, 197, 198 -- Allotment of housing sites - Without prior approval of Assistant Collector is void ab-initio and is liable to be ignored for which no separate proceedings i.e cancellation or declaration as a void document are required to be initiated...........
Court Fees Act, 1870, Section 7(iv)(c) -- Deficient Court fee - Suit for declaration that Will is null and void with consequential relief of permanent injunction - Plaintiff seeking relief that defendant be restrained from alienating suit property - But without declaration of relief as such nature in the form of permanent injunction cannot be claimed by him independently -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that sale deed is null and void - Plaintiff filed the suit after 28 years from date of sale deed - Even plaintiffs stated that defendants are in permissive occupation of suit property - Suit is nothing but a vexatious and an abuse of process of Court -..........
Finance Act, 2017, Section 184 -- Validity of S.184 of the Act: (i) S.184 Provisos First, Second and Third of the Act in respect of fixing 50 years as minimum age for appointment to Tribunals and payment of HRA, S.184(7) relating to recommendation of two names for each post by SCSC and further requiring decision to be taken by Government preferably within 3 months are..........
