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...........
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..........
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..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that ex parte decree obtained by defendant against father of plaintiffs was illegal, null and void and not binding upon plaintiffs - No evidence on record that decree in question was obtained by playing fraud upon Court - Neither father of plaintiffs nor plaintiffs filed any application for..........
Court Fees Act, 1870, Section 5 -- Court fee - Suit for declaration that sale deed is null and void - Plaintiff not executant thereto - If the relief is for declaration that sale deed is null and void and not for cancellation of sale deed then plaintiff is required to value suit for declaration and not the value mentioned in sale deed...........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fees - Suit for declaration that sale deed is null and void and consequential relief of possession - If non-executant who is not in possession seeks not only a declaration that sale deed is invalid but also consequential relief of possession, he has to pay ad valorem Court fees as provided u/s 7(iv)(c) of the Act -..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and perpetual injunction - Ancestral property - Plaintiff born before date of vesting, so he got share equivalent to defendant No.1 in the property of Sir and khudkasht along with his father/defendant No.1 - However, name of father recorded in revenue record as `Karta' of family - Plaintiff aggrieved only..........
Criminal Law Amendment Ordinance,1944 -- Clause 3, Indian Penal Code, 1860, Ss.409, 468, 471 - Attachment of property of accused - Offence u/ss 409, 468, 471 IPC - Death of accused - Property in the hands of legatees cannot be attached, as criminal Court cannot continue proceedings against a dead person and proceedings for attachment of property of accused u/cl 3 of 1944..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought after framing of issues - Amendment sought for seeking Will to be declared as null and void - Plaintiff came to know about factum of Will only when it was filed by defendant at the stage of evidence in proceedings under Rent Control Act and thereafter he obtained certified copy and filed..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Consent decree - Validity - Suit filed by nephew claiming property of his uncle - Instead of making said uncle a party, nephew sued him through attorney - Said attorney rushed to the Court on the next day and suffered a decree - This extra ordinary hurry itself reflects ill-intention, fraud, active planning and collusion of..........
