Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for possession - Plaintiffs had filed a suit for possession, however, ad valorem Court fee was not affixed - First appellate Court has directed plaintiffs to deposit Court fee to remedy the error/mistake - Court has only moulded relief in order to advance cause of justice - No interference warranted...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Suit for declaration of joint possession and permanent injunction - Admission of one of defendant regarding suit property is joint co-parcenary property in other suit itself does not prove that property is ancestral property when such admission is only pleading in other suit, more particularly when it is proved..........
Self acquired property -- Where some part of suit property was received by person along with his three brothers by way of an oral gift, it shall be treated as his self acquired property...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for specific performance - DH directed to pay balance sale consideration to JD within a period of 2 months - However, it is not envisaged that on failure to deposit balance sale consideration within 2 months, decree in favour of plaintiff would stand frustrated or suit would be deemed to be dismissed..........
Civil Procedure Code, 1908, Order 8, Rule 6C -- Separation of counter claim from main suit - Such an application can be filed by plaintiff only and that too before framing of issues...........
Civil Procedure Code, 1908, Order 8, Rule 6A, 6C -- Separation of counter claim from main suit - Claim and counter claim is regarded as a unified proceeding and the same is to be disposed of by a singular judgment, both on the original claim and on the counter claim - However, U.O.8.R.6-C, Court has power to exclude the counter claim and order defendant to file an..........
Transfer of Property Act, 1882, Section 53A -- Entitlement to retain possession u/s 53-A of the Act - Agreement to sell - Once a party loses his right under agreement by dismissal of suit for specific performance, it would be inconsistent and incompatible with his right to remain in possession under the agreement...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of father - Eviction of son - Property in question is self acquired property of father - Father not gifted the suit property to son as alleged by son - Son cannot maintain his claim on the alleged ground that he had contributed towards renovation of house...........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Two suits virtually going to lead to the same very conclusion and thus leading to passing of contradictory and self defeating judgment/decrees which might also render reliefs in two suits to be unimplementable - It would sub serve the ends of justice if both the suits are clubbed together and disposed..........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu female - Hindu female got property in lieu of her pre-existing right of maintenance - Right of maintenance of Hindu female is acknowledged in settlement deed - Husband of Hindu female has admitted that as per orders of Court he is under an obligation to pay maintenance to her - However, since he is not in a..........
