CIVIL
East Punjab Urban Rent Restriction Act, 1949, Section 13 – CPC O. 6 R 17 – Application filed by the landlord for amendment of the eviction petition – Dismissed – Amendment cannot be allowed to fill up the lacuna caused in the case of the party on account of admission made in the pleadings and from the statement recorded before the Court.
East Punjab Urban Rent Restriction Act, 1949, Section 13 - CPC O. 6 R 17 - Application filed by the...
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CPC, 1908 O. 6 R. 17 – Application for amendment of written statement by tenant at the stage when the parties had closed their evidence allowed
CPC, 1908 O. 6 R. 17 - Application for amendment of written statement by tenant at the stage when the...
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Thumb Impression – Sending of the said documents to an expert for comparison was on account of the fact that there were two contrary reports of Finger Print Experts on record, both by the plaintiffs and defendants – Order upheld
Thumb Impression – Reasoning as such, for sending the said documents for comparison was on account of the fact that...
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Civil suit and revenue courts – Cognisance of suits – Exclusion of the jurisdiction of civil court – Distinction between the suits cognizable by the civil court and the cases where Revenue Court has exclusive jurisdiction – Statutory provisions ousting the jurisdiction of the civil court need to be strictly construed
Civil suit and revenue courts - U.P. Zamindari Abolition And Land Reforms Act, 1951, Section 331 – Cognisance of suits...
Read moreCourt Fees Act, 1870 (7 of 1870) Section 7(i) , 7(iv) – Valuation – Where there are objective standards of valuation
Court Fees Act, 1870 (7 of 1870) Section 7(i) , 7(iv) – Valuation - Where there are objective standards of...
Read moreCourt Fees Act, 1870 (7 of 1870) Section 7(i) , 7(iv) – Valuation – Suit was filed for relief of dissolution of partnership and for accounts –
Court Fees Act, 1870 (7 of 1870) Section 7(i) , 7(iv) – Valuation - Suit was filed for relief of...
Read moreCourt Fees Act, 1870 (7 of 1870) Section 7(i) , 7(iv) – Suit for recovery of Rs. 20 lacs as damages – Trial Court while adjudicating finally, shall direct the plaintiff to deposit the Court fee as undertaken by him on the amount of damages assessed in case the trial Court decides in favour of the plaintiff.
Court Fees Act, 1870 (7 of 1870) Section 7(i) , 7(iv) – Suit for recovery of Rs. 20 lacs as...
Read moreCourt Fees Act, 1870 (7 of 1870) Section 7(i) , 7(iv) – Damages cannot be granted without payment of Court fee.
Damages cannot be granted without payment of Court fee. The amount of Court fee to be paid is on the...
Read moreCourt Fees Act, 1870 (7 of 1870) Section 7(i) , 7(iv) – In a suit for malicious prosecution, ad valorem court fee is payable. (2005-1)139 PLR 650 (P&H), reversed.
Court Fees Act, 1870 (7 of 1870) Section 7(i) , 7(iv) - In a suit for malicious prosecution, ad valorem...
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Agreement to Sell – Fraud
Agreement to Sell – Fraud – Defendant has failed to lead sufficient evidence to prove the fraud - A fraud...
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Agreement to Sell – Scribe – Plea that he is not a licensed scribe and therefore, his evidence could not be relied upon
Agreement to Sell – PW-1 Scribe – Plea that he is not a licensed scribe and therefore, his evidence could...
Read morePrinciple of res judicata applies in different stages of the same proceedings
Principle of res judicata applies in different stages of the same proceedings "...Here what is sought to be reagitated is...
Read morePartition – Instrument of – Registration – Oral partition – It is well-settled that while an instrument of partition which operates or is intended to operate as a declared volition constituting or severing ownership and causes a change of legal relation to the property divided amongst the parties to it, requires registration u/s 17(1)(b) of the Act, a writing which merely recites that there has in time past been a partition, is not a declaration of will, but a mere statement of fact, and it does not require registration.
Evidence Act, 1872 — Section 91 , Registration Act, 1908 — Section 17, 17(1), 49 - Partition – Instrument of ...
Read moreFamily settlement – The true principle that emerges can be stated thus: If the arrangement of compromise is one under which a person having an absolute title to the property transfers his title in some of the items thereof to the others, the formalities prescribed by law have to be complied with, since the transferees derive their respective title through the transferor. If, on the other hand, the parties set up competing titles and the differences are resolved by the compromise, there is no question of one deriving title from the other
Evidence Act, 1872 — Section 91 , Registration Act, 1908 — Section 17, 17(1), 49 - Family settlement - The...
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Family settlement – Estoppel – After having arrived at a family settlement and acting thereupon, the parties are estopped from challenging the same.
Registration Act, 1908, S. 17, 17(1)(b) - Family settlement - Estoppel - After having arrived at a family settlement and...
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