Civil Procedure Code, 1908, Order 12, Rule 6 -- Admission of claim - Court is not bound to pass a decree on the basis of mere admission of claim by the defendant - It is only an enabling provision - Court has a duty to see whether the plaintiff is entitled under law to get the relief sought for - Court should also see whether the suit is collusive to defeat the provisions..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 7, Rule 11 -- Decree on the basis of admission or consent - Court ought not to pass a decree mechanically based on admission or consent of parties - Simply because defendant admitted claim of plaintiff - Court not bound to pass a decree - - Duty of Court to examine claim of plaintiff, whether..........
Court Fees Act, 1870, Article 17(iii) -- Schedule II - Payment of ad valorem Court Fee or Stamp duty - Separation of shares in terms of relief sought for on account of rendition of accounts - Would arise only after final decree passed and claim for partition and his entitlement in claim for rendition of accounts is determined...........
Agreement to sell -- Suit for specific performance - Presence of plaintiff in the office of Sub Registrar with the sale consideration and also with the amount required for the purpose of stamp duty and registration expenses - Proof - Affidavit attested by Sub Registrar recording the presence of the plaintiff with the balance sale consideration - Proved by reader to the..........
Stamp Act, 1899, Section 2(22), 2(23), Civil Procedure Code, 1908, Section 115 -- Trial Court holding the document to be a receipt and not a pronote - Revision against - Not maintainable...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Later suit for specific performance instituted during pendency of earlier suit for injunction - Agreement of sale provided that before execution of sale deed vendor would obtain Income-tax clearance certificate and get mutation sanctioned in his favour and send intimation to vendee well before date of execution - Vendor never..........
Pronote -- Insufficiently stamped - Marked as exhibit without any objection - When once such a document is admitted and received as evidence without any objection, any objection regarding the sufficiency of the value of the stamp cannot be raised at a later stage - Suit filed on the basis of such pronote not liable to be dismissed on the ground that pronote is..........
Stamp Act, 1899, Section 17, 29, 35, 44 -- Bond - Insufficiently stamped - Plaintiff seeking bond to be admitted in evidence - Has to pay duty and penalty in terms of S.35(a) - S.35 and Ss.17 and 29 operate in different fields - It is made clear from S.44...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Compensation - Loss of title deeds of the property of the complainant by the appellant Insurance Company - The complainant had to suffer loss of Rs.25,000/- on account of cost of stamp papers, Advocate's fee and registration charges - Loss suffered by the complainant was the direct result of deficiency in..........
Stamp Act, 1899, Section 47A(4) -- Scope - (1) While exercising power under sub-section (4) of S.47-A the Collector can determine the marker value of the property and the duty payable on the instrument as a result of such determination but he has no power to impose penalty; (2) The period of limitation of four years in sub-section (4) to S.47-A applies to the action which..........
