Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for mandatory injunction - Plaintiff tried to camouflage the relief of specific performance as well as for recovery of fixed amount by treating it to be a suit for mandatory injunction - Court needs to be conscious of the relief sought by plaintiff - Order to pay ad valorem Court fee, upheld...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Where accused had assembled, taking arms weapons and were parties to assault then prosecution is not obliged to prove each specific overt act done by each of accused - In such circumstances every member of unlawful assembly is responsible for an offence committed by any member or other members in prosecution of..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and injunction - Plaintiffs vaguely averred that their father was owner and after his demise they inherited property - Original documents under which they are claiming title were never produced on record and only photocopies were produced - Even said photocopies of documents are not duly proved to..........
Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for compensation and damages - Where specific amount of damages is claimed, plaintiff is under obligation to affix ad valorm Court fees on the suit amount...........
Evidence Act, 1872, Section 45, Constitution of India, 1950, Article 20(3) -- Voice sample - Plea of infringement of right of privacy - Supreme Court in exercise of power under Article 142 of the Constitution conceded power to Judicial Magistrate to order giving of voice samples till there is specific provision in the Cr.P.C. - Order directing petitioner to give voice..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, specific performance, possession and for permanent injunction - Suit property in respect of which plaintiff and defendant no.1 had made agreement is different property and not property as claimed by defendant Nos.12 & 13 - There is no necessity of giving any further explanation as..........
Agreement to sell -- Specific performance - Once execution of agreement to sell and payment/receipt of advance of substantial sale consideration was admitted by vendor, nothing further was required to be proved by vendee...........
Agreement to sell -- Specific performance - Subsequent sale deeds - Nominal sale deeds executed in favour of sisters-in-law with a view to defeat the rights of plaintiff and defendant No.1 - Failure to prove receipt of sale consideration - Trial Court rightly declared said sale deeds in favour of subsequent purchasers not binding upon plaintiff and defendant No.1/vendor...........
Stamp Act, 1899, Section 35 -- Stamp duty - Agreement to sell - Suit for specific performance - Document that is required to be registered and which contains a recital of delivery of possession, would also require to be stamped as per provisions of the Act - Order of trial Court in impounding agreement to sell and directing plaintiff to pay deficient stamp duty on..........
Agreement to sell -- Specific performance - Readiness and willingness - When readiness and willingness of plaintiff is not disputed, it is not necessary for plaintiff to prove the same...........
