Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficiency of Court fees - Suit for declaration to challenge release deed and for joint possession - Plaintiff is herself executant of release deed - No monetary consideration has exchanged the hands for executing said release deed - There can be thus, no question to pay ad valorem Court fees on the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Cannot be granted automatically on ground of weakness in case of defendant - Plaintiff is required to establish prima facie case and balance of convenience in his favour and that he will suffer irreparable loss if injunction is refused...........
Court Fees Act, 1870, Section 7(iv)(c), Article 17(iii) -- Court fees - Declaration of sale deeds to be null and void sought without seeking relief of cancellation of sale deeds - Plaintiff not party to the sale deeds - Ad valorem Court fee not required to be paid...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining Municipal Corporation from demolition of suit structure - Plaintiff produced documentary evidence to prove authenticity of structure - However, trial Court did not properly consider documents produced on record and refused to grant injunction on the ground that plaintiff has no locus..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Executant of sale deed when seeks cancellation of deed he has to pay ad valorem court fee on the consideration stated in the sale deed - If non executant seeks declaration that the deed is null or void and does not bind him or his share he has to merely pay a fixed court fee and in case he is not in possession and he..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining respondent no.1 from creating third party interest in the suit property - Plaintiff prima facie failed to prove that he is having 50% share in suit land, as there was no document to that effect - Even otherwise, third party interest in suit land could not have been created without..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Grant of police aid - Implementation of ad-interim injunction order - Court has power to grant police aid before ad-interim injunction order is made absolute...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Ad-interim injunction - Disobedience - Mere pendency of application to set aside ex parte order at pre registration stage is not a ground to set aside interim order and parties cannot be allowed to take advantage to disobey the interim order of Court/Tribunal...........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Grant of police aid - Implementation of ad-interim injunction order - Issuance of notice to opposite party - Advocate reported no instructions on behalf of his clients - If no instructions was without justifiable cause, party can proceed against advocate for loss he sustained..........
Court Fees Act, 1870, Section 7(iv)(a)(As -- Ad valorem Court fees - Suit for declaration that sale deed is null and void - U.P. Amended Act specifically provides for payment of court-fee in case where suit is for or involving cancellation or adjudging/declaring void or voidable an instrument securing property having money value - Ad valorem Court Fees u/s 7(iv)(a) of the..........
