Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration and mandatory injunction - Declaration and consequential relief claimed distinct to each other - Injunction claimed is not consequential to the declaration made - Relief of declaration and injunction needs to be valued separately and ad valorem court fee is..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration with consequential relief of permanent injunction - Plaintiff challenged the release deed among blood relations - It is specific assertion made in the plaint about release deed that it is illegally and fraudulently got executed and registered without consideration - Possession not claimed by..........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Suit for declaration that sale deeds are null and void with consequential relief of permanent injunction - Plaintiffs are executants of sale deeds - Since plaintiffs are required to seek cancellation of sale deeds, they cannot evade affixation of Court fee on plaint as per sale consideration by clothing their..........
Court Fees Act, 1870, Section 7(ivA) -- (as applicable in State of UP) - Ad valorem Court fee - Suit for declaration that Will is null and void along with consequential relief of permanent injunction - Will is related to movable and immovable properties of testator - Suit has to be valued only on the face value of such a Will till it was declared void by Court and was to..........
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 - Deficient Court fee - Suit for declaration and permanent injunction - Plaintiff sought declaration in respect of Will allegedly executed by her late father and consequential relief of permanent injunction restraining defendants from mutating land on basis of alleged Will - Alternative relief also sought..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaint termed as one for declaration and mandatory injunction - However, relief sought is for recovery of excess amount - By merely suitably wording plaint and making prayers for declaration and mandatory injunction with consequential relief would not change nature of substantial..........
Courts Fee Act, 1870, Section 7(ivA) - - As amended in U.P. - Court fee - Suit for cancellation of sale deed and for permanent injunction with consequential relief of declaration - Suit filed for cancellation of sale deed, therefore, suit property covered by sale deed has to be valued in terms of S.7(iv-A) of U.P Amendment Act - Court fees thus, has to be computed..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fees - Suit for declaration that Will is illegal null and void with consequential relief of permanent injunction - Court fee is to be paid as payable in a suit for declaration - Impugned order of directing plaintiffs to pay ad valorem Court fees set aside...........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Court fees - No Court fee has to be paid twice over on declaration as well as for consequential relief claimed - Court fees payable would remain the same, whether u/s 7(iv)(c) or u/s 7(v) of the Act...........
