Indian Penal Code, 1860, Section 420 -- Cheating - Cheques dishonoured - Civil suit for rendition of accounts filed but said fact not disclosed in the complaint - If such fact had been disclosed, possibly summoning order might not have been passed - Complaint and summoning order quashed...........
Suit for Declaration -- Claim for offerings by public over shrine - Directions issued...........
Mutation -- On basis of Will - Mutation does not confer title - Title can always be got decided by filing a civil suit...........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Suit for declaration that sale deeds are null and void with consequential relief of permanent injunction - Plaintiffs are executants of sale deeds - Since plaintiffs are required to seek cancellation of sale deeds, they cannot evade affixation of Court fee on plaint as per sale consideration by clothing their..........
Court Fees Act, 1870, Section 7 -- Court fee - Suit claiming liquidated compensation on account of use and occupation of suit land - Ad valorem Court fee is payable on the amount sought to be recovered from the defendants...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for recovery - Liquidated damages - UOI claims compensation on basis of exception clause - Such being undisputed position, order of rejection of plaint U.O.7.R.11 CPC is incorrect - Moreover, once arbitrator had no jurisdiction to arbitrate on levy of liquidated damages on account of contract..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit for partition - There is no community of interest between various co-owners - In a suit for partition, every party, be it plaintiff or defendant, has his own interest to secure - Order permitting plaintiff to give notice via publication in accordance with O.1.R.8 CPC set aside - Trial Court to order..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit whether barred by S.4 of Benami Transactions (Prohibition) Act, 1988, cannot be decided at the stage of deciding application U.O.7.R.11 CPC - Application for rejection of plaint rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Transferee pendente lite - Defendants, who are family members of plaintiff not contesting the suit - Petitioner has purchased the property by registered sale deed on payment of sale consideration - Impleadment allowed...........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for mandatory injunction directing defendants to pay damages/compensation on account of loss of reputation and malicious prosecution - Tentative valuation is given by plaintiff in the plaint and there is no prayer whatsoever wherein damages have been quantified - Quantification of damages would be determined by..........
