Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration that plaintiff is joint owner and in joint possession - Non party to a document is not required to seek annulment thereof - Suit for declaration that transfer deed is not binding is sufficient - No ad valorem Court fee is payable - Application rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for declaration that both registered Wills be declared as null and void - Plaintiff seeking temporary injunction restraining defendant from alienating and transferring suit property during pendency of suit - Appeal against dismissal of application - Restraint order need to be passed in view of..........
Consumer complaint -- Transfer of complaint - Consumer complaints cannot be transferred to the High Court exercising the jurisdiction under Article 226 of the Constitution of India...........
Transfer of Property Act, 1882, Section 122 -- Gift deed - Cancellation - Gift deed executed voluntarily by petitioner in the year 2011 - Petitioner clearly stated in the gift deed that he has no right to cancel and frustrate gift deed and any such steps if taken would be void - No condition attached to gift - Petitioner was 39 years old at the time of execution of gift..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff executed power of attorney empowering defendant no.2 to sell property - Defendant no.2 has executed sale deed in favour of defendant no.1 - However, plaintiff contended that defendant no.2 was bereft of authority to transfer the property in view of fact that he..........
Transfer of Property Act, 1882, Section 54 -- Sale deed by power of attorney holder - Plea of breach of duty by selling property below the agreed price by power of attorney holder - Cannot invalidate sale or render it null and void as perusal of the power of attorney will make it clear that any restriction on the price is conspicuous by its absence in the power of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Transfer of property pending suit - S.52 of Transfer of Property Act, does not operate as bar to grant of temporary injunction U.O.39.Rr.1, 2 CPC in discretion of trial Court, on fulfillment of pre-conditions for grant of temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Transfer of property pending suit - Defendant no.1 during pendency of suit transferred suit property in favour of defendant nos 2 and 3 and those defendants in turn transferred part of suit property in favour of third persons - Defendants invoking jurisdiction of Court are therefore responsible for..........
Transfer of Property Act, 1882, Section 48 -- Successive transfers - The fact that subsequent purchaser is a bona fide purchaser cannot be a ground by itself for postponing rights of prior transferee...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Defendant has not raised any plea in relation to discrepancy with regard to boundary or extent of property in written statement - When there are no pleadings, First Appellate Court was not right in non-suiting the plaintiffs based upon contentions raised at the time of arguments...........
