Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Sale of ancestral property - Question of nature of property as to whether ancestral property or self acquired property can only be decided after parties lead evidence - Temporary injunction rightly declined...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Defendant filed suit for partition against plaintiff and plaintiff filed a suit for cancellation of sale deed and to declare it null and void and for permanent injunction - Parties to suit are also different and nature of case is also different - Application filed by defendant for staying suit filed by..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Ad valorem Court fee - Simpliciter suit for declaration that sale deed is null and void filed by plaintiff, as they are stated to be in possession of suit property - Plaintiff not sought for relief of possession and cancellation of sale deed - It cannot be said that plaintiff would deem to be party of..........
Court Fees Act, 1870, Section 7(v), (vA), (vB), (vC), (vD)(As - - Court fee - Suit for cancellation of sale deed - Agricultural land - Where land is agricultural land and is subjected to sale, it is rental value of land which becomes true valuation of land, therefore, valuation of subject matter of suit will be determined as per S.7(v), (v-A), (v-B), (v-C), (v-D) of the..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 15 -- Cancellation of gift deed in favour of grandson executed by grandfather - Judicial review/writ petition - Maintainability - Maintenance Tribunal and Appellate Tribunal being quasi-judicial bodies are inferior to High Court - Tribunals constituted under the Act are an alternative redressal..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, 27 -- Cancellation of gift deed in favour of grandson executed by grandfather - Parallel proceedings - Grandfather approached civil Court for cancellation of gift deed before seeking declaration of gift deed as null and void under the Act - Gift deed was not voluntary executed but was obtained by..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, 27 -- Cancellation of gift deed in favour of grandson executed by grandfather - Jurisdiction of civil Court - Unconditional gift deed executed by grandfather out of love and affection in favour of his grandson - No responsibility cast on grandson to maintain grandfather - Grandfather had even no..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 6(2) -- Cancellation of gift deed in favour of grandson executed by grandfather - Non-impleadment of necessary and proper party - Grandson not made party to proceeding before Tribunal - He was a necessary and proper party to proceedings - Order of cancellation of gift deed passed by Tribunal suffered..........
Criminal Procedure Code, 1973, Section 437(5) -- Cancellation of bail - Magistrate before cancelling bail is required to issue notice to accused so as to afford him an opportunity to explain as to why bail should not be cancelled - Said course not adopted by Magistrate - Order of cancellation of bail set aside...........
Consumer Protection Act, 1986, Section 12 -- Allotment of flat - Cancellation of allotment - Delayed payments - Booking amount was to be 25% of agreed sale consideration was initially agreed between parties - However, correspondence between parties indicates that there was an agreement to reduce the booking amount to 15% - This reflected in email addressed by appellant..........
