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Results of moulding of relief

Showing : 1-10 of 22 Results

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 7, Rule 7 -- Moulding of relief - Subsequent event - Whenever there is subsequent events of fact or law, which have a material bearing on rights of parties to relief or on the aspects of moulding appropriate relief to parties, Court is not precluded from taking cognizance of subsequent changes of fact and law to mould the relief...........

MADRAS HIGH COURT

Year of decision: 2018
Details

Family Courts Act, 1984, Section 19, Hindu Marriage Act, 1955, Section 13 -- Declaration for dissolution of marriage - Petition filed by husband u/s 13 of Hindu Marriage Act not maintainable, as parties belong to different religion - However, husband sought for declaratory decree declaring his marriage as null and void by moulding or re-casting prayer - It is not as though..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Land Acquisition Act, 1894, Section 4, 6 -- Notification u/s 4 of the Act - Moulding of relief - Declaration u/s 6 of the Act was not within statutory time - High Court while declining to interfere in the acquisition proceedings, keeping in view the larger public interest, moulded the relief by shifting the date of notification u/s 4 of the Act - Order of High Court calls..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Constitution of India, 1950, Article 142 -- Moulding of relief - Suit for Permanent and mandatory injunction - Restraining defendants from interfering in the suit property and demolishing the illegal structure over suit property - In order to balance the equities and do complete justice between both the parties, Court while exercising powers u/art 142 of Constitution,..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Service -- Moulding of relief of reinstatement by School Tribunal - Validity - School Tribunal moulded the relief in exercise of its powers u/s 11(2)(e) of Regulation Act, which confers a power upon School Tribunal to mould the relief and grant a relief which is alternative to reinstatement, as School Tribunal considers appropriate - High Court ought not to interfere in..........

DELHI HIGH COURT

Year of decision: 2015
Details

Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Once the service of plaint in the suit on defendant is taken as a notice for terminating tenancy, then by applying the provision of O.7.R.7 CPC which empowers the Court to take notice of subsequent events for purposes of moulding the relief in a suit, defendant's tenancy would stand terminated..........

DELHI HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 7 -- Moulding of relief - Court can mould and grant relief as per facts even when such relief is not specifically prayed for...........

ALLAHABAD HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 7, Rule 7 -- Moulding of relief - Court can mould relief if equity and justice so require so as to do complete justice between the parties - However, Court cannot travel beyond pleadings, issues and evidences - Relief which is totally different, not asked by either of the parties, shall not be granted...........

ALLAHABAD HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 7, Rule 7 -- Moulding of relief - A relief larger than what is claimed cannot be granted...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 7, Rule 7 -- Moulding of relief - Validity - Relief granted in the nature of mandatory injunction is the consequence of moulding of the relief of permanent injunction originally sought for by plaintiff - Held, such a moulded relief was warranted in the facts and circumstances of the case in order to avoid further litigation between the..........

Showing : 1-10 of 22 Results