Court Fees Act, 1870, Section 7(iv)(c) -- Ad voleram Court fee - Suit for declaration of partition deed to be null and void - Partition deed in question is registered document and plaintiff is party to the said deed - Plaintiff held, required to pay and affix ad voleram Court fee u/s 7(iv)(c) of Act...........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Abatement - Decree passed in ignorance of death of sole defendant - Defendant died during the pendency of appeal and his LRs were not brought on record - Though Court is empowered to exempt plaintiff from necessity of substituting LRs of defendant but such an exemption can be granted before the judgment is pronounced and..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - Parties stayed together as husband and wife for a period of 21 days and both were earlier married and divorced before contracting second marriage - No cogent and convincing evidence on record to prove one of essential ingredients of desertion on the part of wife - Wife was ready to live with..........
Hindu Marriage Act, 1955, Section 11 -- Null & void marriage - Second marriage after panchayati divorce granted in first marriage is null and void - Panchayati divorce does not override provisions of the Act - Marriage can only be dissolved under provisions of the Act...........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Suit for declaration that sale deed is null and void and has no binding effect upon rights of plaintiff - It does not amount to cancellation of sale deed - Moreover plaintiff not party to sale deed - Plaintiffs cannot be directed to pay ad valorem Court fee...........
Civil Procedure Code, 1908, Order 7, Rule 11, Legal Services Authorities Act, 1987, Section 22(C)(4) -- Rejection of plaint - Challenge to order obtained from permanent Lok Adalat on the plea that the same is obtained by practice of fraud and impersonation and the same is null and void - It is civil suit and not writ petition which is maintainable - Provision of S.22(C)(4)..........
Court Fees Act, 1870, Section 7(iv)(A)(As -- Court fee - Suit for declaration that sale deed is null and void - Where suit is for or involving cancellation or adjudging/declaring null and void decree for money or an instrument, S.7(iv)(A) of Act is applicable and not Art.17(iii) of Court Fees Act, as said Article is applicable only when there is no provision elsewhere in..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Fraud - Neither there is any concealment nor misrepresentation by defendant No.1 - If plaintiff forms a belief without clarifying the same with defendants, defendants cannot be faulted for the same - To declare a contract null and void due to fraud plaintiff must plead the ingredients of..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for declaration that sale deed in question is null and void - Plaintiffs admitting that suit is barred by limitation having been filed after 26 years after the transaction - Moreover, there is clear and unequivocal fact that suit is also barred as regards the youngest..........
Limitation Act, 1963, Article 58, 59 -- Limitation - Suit for declaration and cancellation of documents as null and void - Once the documents in question are known to plaintiff admittedly in 2004, suit has to be filed by the year 2007 but the present suit has been filed in the year 2010 which is clearly barred by limitation being filed beyond three years as required by..........