Family Courts Act, 1984, Section 7(1) - - Suit for declaration as to matrimonial status - Only Family Court has jurisdiction to entertain the suit, as S.7(1) Explanation (c) of the Act permits a suit or proceeding for a declaration as to validity of a marriage or as to matrimonial status of any person...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Factum of land being owned by plaintiffs is not in dispute because this has been admitted by defendants themselves in written statement - Contention of defendants that their possession over suit land was legal as suit land stood acquired for them and compensation stood paid to land owners is not..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Court fee - Suit for specific performance in the garb of suit for declaration and mandatory injunction - Plaintiff cannot be permitted to avoid to pay ad valorum court fee by simply using different words and language - Order to pay ad valorum court fee on the..........
Evidence Act, 1872, Section 108 -- Presumption as to death - Father of petitioner was last seen on 10-3-2010 - No specific date of death disclosed by plaintiffs nor any evidence is lead in that regard - Period of 7 years accordingly expired on 10-3-2017 - Declaration u/s 108 of the Act, cannot be stretched to a date prior to 10.3.2017...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - No pleading raised that suit property is in joint ownership of plaintiff and original owner - However, first appellate Court granted finding of joint ownership of suit property - Said finding is not based on pleadings of parties - More so, registered sale deed executed by original owner in favour of..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for cancellation of registered sale deed and for declaration and permanent injunction - Plaintiff challenging decree passed in earlier suit and also registered sale deed - Admittedly, plaintiff was party to earlier suit, thus, he has knowledge of passing of decree and..........
Special Marriage Act, 1954, Section 25(iii) -- Declaration of marriage as a nullity on ground of fraud - Consent of wife for marriage obtained by fraud and coercion - No evidence led by wife that her consent for marriage was obtained by fraud and coercion - As regarding no, consummation of marriage by husband, same is not a ground u/s 25(iii) of the Act - But even..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Issue of limitation raised to oppose appointment of arbitrator - Said issue being jurisdictional issue cannot be decided by High Court at pre-reference stage u/s 11 of the Act - Issue of limitation be decided by arbitral Tribunal - Former Judge of Supreme Court thus, appointed as Sole..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration, possession, mesne profits and permanent injunction - Plaintiff was not required to prove their ownership qua suit property, inasmuch as defendant/tenant himself in his written statement categorically admitted them as owners - Thus, an admitted fact was not required to be proved - More so, defendant has no..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Relinquishment deed in favour of plaintiffs - Two co-sharers have abandoned their right, title and interest relating to suit property in favour of plaintiffs by executing a relinquishment deed - No dispute raised by executors of relinquishment deed - In absence of any dispute raised by executors of..........
