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Supreme Court Allows Appeal in Indigent Person Case — Dismissal of Application Under Order 33 CPC Not a Bar for Filing Appeal Under Order 44 CPC. The Court held that the appellate court must conduct a fresh inquiry into the applicant's indigent status at the appellate stage under Order 44 Rule 3 CPC.

The appellant, Sushil Thomas Abraham, filed a civil suit for recovery of Rs.74,66,107/- as an indigent person under Order 33 Rule 1 CPC, claiming inab...

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Supreme Court Remands Cross-Objection in Land Acquisition Case for Merits Determination — High Court's Dismissal Without Reasons Set Aside. Cross-Objection Under Order 41 Rule 22 CPC Must Be Decided Independently Even if Main Appeal Is Dismissed.

The Supreme Court allowed appeals by landowners against the dismissal of their cross-objection by the Himachal Pradesh High Court. The land in questio...

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Bombay High Court Dismisses Second Appeal in Possession Suit, Confirms Concurrent Findings on Limitation and Valuation. Article 65 of Limitation Act, 1963 applies to suit for possession based on title, and valuation under Section 14(1) of Maharashtra Court Fees Act, 1959 is not a jurisdictional issue.

The appellant, original defendant, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent judgments ...

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Bombay High Court Dismisses Revision Against Rejection of Inquiry into Valuation and Court Fees in Suit for Declaration of Sale Deed as Void. Court Held That Section 8 of Maharashtra Court-Fees Act, 1959 Confers Discretion on Trial Court to Inquire into Valuation, Not a Mandatory Duty.

The case arises from a civil suit filed by the plaintiff (respondent No.1) seeking a declaration that a sale deed of suit property is void, illegal, a...

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Bombay High Court Allows Second Appeal in Property Dispute Between Brothers, Remands Case for Fresh Consideration of Counterclaim. Court holds that a counterclaim for possession cannot be decreed without proper valuation and payment of court fees under the Bombay Court Fees Act, 1959.

The appellant, original plaintiff Gujabrao, filed Special Civil Suit No.90/1993 for a permanent injunction against his brother Punjabrao (defendant No...

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Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application Under Order VII Rule 11 CPC. Court holds that valuation for court fees and jurisdiction is a mixed question of law and fact not to be decided at preliminary stage.

The petitioner, M/s Prism Reality, filed a writ petition under Article 227 of the Constitution challenging the order dated 30.07.2014 passed by the le...