Court Fees Act, 1870, Section 7(iv)(c) -- Court fees - Suit for declaration that sale deeds are null and void and permanent injunction - Once plaintiffs were not party to sale deeds and defendant has not disposed of properties as Karta of Joint Hindu Family then certainly rigors of S.7(iv)(c) of the Act is not attracted and plaintiffs cannot be fastened with liability of..........
Constitution of India, 1950, Article 226, Bar Associations (Constitution and Registrations) Rules, 2015, Rule 11 -- Election - Rejection of nomination of petitioner by Returning Officer - In the instant case, delay regarding scrutiny of nomination of petitioner is malafide as petitioner can be granted time to remove defect by certifying correction on over-writing which is..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plaintiff claiming himself to be in exclusive possession of suit land as co-sharer and that entries to the contrary be declared as null and void - However, plaintiff nowhere had laid any challenge to the entries whereby defendant was shown as co-sharer - There is no reason to discard the long standing revenue..........
Will -- Joint and mutual Will - Husband and wife created joint and mutual Will in 1968 bequeathing their properties for charities - Will clearly intended that survivor shall have absolute right to properties and after his/her death, charity shall be carried out from the income of properties without alienation of properties - After death of husband, wife has absolute right..........
Hindu Marriage Act, 1955, Section 11, 29(2) -- Null and void marriage - Second marriage by wife during subsistence of first marriage - Wife taking plea of customary divorce - Wife failed to prove customary divorce prevailing in her community - Custom cannot be created by agreement between parties and execution of `Farkatnama' between her and her first husband does not..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration challenging two Wills - Wills in question were validly executed and not proved to be forged and fabricated - Long silence of plaintiff from the date of mutation of Wills till 2007 established that he knew about the existence of Wills executed by his father whereby he divided one acres of land to his two sons who..........
Civil Procedure Code, 1908, Section 152 -- Correction of decree - Suit for declaration of gift deed as null and void decreed by Trial Court by ignoring the subsequent amendment which was allowed to incorporate the fact of cancellation of gift deed - Though both the reliefs i.e relief of declaration that gift deed is null and void and relief of cancellation of said deed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - Amendment sought to declare sale deed executed during pendency of suit to be null and void - Suit was instituted claiming that suit property was joint property and without partition defendants cannot sell any specific portion nor they can evict plaintiffs from any portion - Amendment..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Suit for declaration that relinquishment deed and sale deed in question is null and void - Plaintiffs are already in possession of suit property - They need not seek cancellation of relinquishment deed or sale deed, as they are not executants of sale deed - Case falls u/s 7(iv)(c) of the Act - Plaint properly valued...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plea of execution of Will in written statement - Amendment of plaint sought to add relief for declaring said Will to be null and void - No material on record that plaintiff had knowledge of said Will at the time of institution of suit - Amendment allowed to avoid multiplicity of suits...........