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The Vishnu Pratap Sugar Works (P) Ltd vs The Chief Inspector Of Stamps, U.P on 4 May, 1967

13. The learned counsel for the petitioners placed certain other decisions also, while canvassing the point since there is a constructive trust in the matter of money sought to be obtained from the 1st defendant by way of mandatory injunction, which was originally given by way of cheque in the joint names of the executants of Ext.P3 sale deed and therefore mandatory injunction is the remedy by valuing and paying court fee under Section 27(c) of the Kerala Court Fees and Suits Valuation Act. The first decision is one reported in [AIR 1968 SC 102 : (1967) 3 SCR 920], The Vishnu Pratap Sugar Works (P) Ltd. v. The Chief Inspector of Stamps, U.P. He also placed a decision of this Court reported in [1980 KHC 214 : 1980 KLT 806 : 1980 KLN 572], Collector of Customs v. Abdurahimankutty, rendered by a learned Single Judge of this Court after referring the decision in The Vishnu Pratap Sugar Works (P) Ltd. v. The Chief Inspector of Stamps, U.P.'s case (supra) and also another O.P(C).No.2509/2019 11 decision of the Apex Court in [AIR 1973 SC 2384], Shamsher Singh v. Rajinder Prasad. Para.9 of the above judgment is as under:
Supreme Court of India Cites 14 - Cited by 43 - J M Shelat - Full Document
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