Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Suit for permanent injunction - Issues regarding identity of property and ownership and possession thereof was decided by trial Court in favour of plaintiff - However, defendant questioned the same and also sought an opportunity to produce additional evidence by filing an application U.O.41.R.27 CPC - Lower..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Decree passed by DRT - Suit challenging decree filed after seven years of passing the decree - Knowledge of passing decree alleged to be six months back - Nothing averred when and how plaintiff came to now about the judgment and decree passed by DRT - Only with a view to get out of the law of..........
Court Fees Act, 1870, Section 7(ivA), (v), (vA), (vB) -- Court fees - Suit for cancellation of sale deeds - Market value - Once it is conceded that value of land as per S.7(iv-A) Explanation of the Act is to be determined according to either S.7(v), (va) or (vb) of the Act, market value was deemed to be referable to one or other modes of determining value under said..........
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 6(19) -- Trust - Specific endowment - Deed of settlement states that charity is to be carried for benefit of devotees who visit during certain Hindu Religious festivals - It creates an absolute prohibition on subsequent sale or mortgage of suit property - Devotees as a class of beneficiaries are not..........
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 34, 108 -- Public Trust - Alienation of property - Civil suit seeking permission of religious trust property is not maintainable in view of S.108 of the Act, as Commissioner is appropriate authority to approve proposed sale of land by respondent...........
Partition suit -- Release deed executed by plaintiff - Plea that plaintiff was minor at that time - Onus was on plaintiff to prove that he was minor at the time of execution of release deed but he failed to prove his date of birth - Concurrent finding of fact that date of birth is not proved from School Leaving Certificate - Plaintiff has not pleaded any fraud and..........
Constitution of India, 1950, Article 226 -- Writ petition - Public auction of sand blocks - Appellant highest bidder and he deposited the amount - Possession of sand block not given - File for refund of money lost in transit - High Court thus, not justified in relegating appellant to file a suit - Order of High Court set aside - Respondent directed to refund entire amount..........
Civil Procedure Code, 1908, Order 13, Rule 8 -- Impounding of document - Deficiency of stamp duty - To be decided before proceeding further - However, in case evidence is required to determine nature of document, it is reasonable to defer admissibility of document for insufficient stamp duty at the time of final decision in the suit...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Property in question was rented out to defendant - However, property is in dilapidated condition and it is not in use for purpose for which it was let out - Manner in which plaintiff came into possession looses relevance - Since plaintiffs are in possession of suit property, as defendant is no longer in..........
Civil suit -- FIR on the basis of same matter which was involved in civil suit - FIR registered on the basis of sole opinion of handwriting expert in the civil suit that receipts are forged - Genuineness of such receipts pending consideration in civil suit - Based on the sole opinion of handwriting expert, FIR ought not to have been registered - Held, when issue as to..........
