Showing : 131-140 of 578 Results

DELHI HIGH COURT
Year of decision: 2016
Details
Mahomedan Law-- Will - Probate - Probate Case with respect to Will of a deceased Mahomedan is not maintainable as provisions of Succession Act pertaining to testamentary succession does not apply to Mahomedans - However, at the request of petitioner and other heirs of tetastor probate petition is converted into a..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Parties entering into settlement - Breach of settlement - Party aggrieved can enforce terms of settlement and can also seek further reliefs of interest or penalty or damages and so on - However, breach cannot revive an original cause of action which stands fused and settled by crystallizing..........
DELHI HIGH COURT
Year of decision: 2016
Details
Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women From Domestic Violence Act, 2005, Section 12-- Maintenance - Parties settled their dispute as per terms of memorandum of understanding (MOU) including wife's right to maintenance - Terms of MOU breached - Original cause of action is not revived - Wife can enforce terms of memorandum of understanding and can also seek further reliefs of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Adverse possession-- Suit for declaration, on the plea of adverse possession, is not maintainable - Plea of adverse possession is available only as a defence...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Earlier suit withdrawn without reserving any right or liberty to file any fresh suit - Fresh suit seeking same relief is not maintainable - Absence of one of defendant in subsequent suit cannot be a ground for refusing prayer for rejecting plaint...........
MADRAS HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 115-- Revision - Maintainability - Order dismissing petition filed for marking Xerox copy of Will - Revision against said order is not maintainable as order cannot be said to be one which would have resulted in final disposal of suit - Revision dismissed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Specific performance - Plea of cancellation of agreement - Said plea is not substantiated as no such plea was raised by defendant in her reply to the legal notice sent by plaintiff for execution of sale deed - Even otherwise, defendant has not challenged the judgment passed by appellate Court..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Adverse possession-- Suit for declaration claiming title on the basis of adverse possession is not maintainable - Plea of adverse possession can be raised only in defence and is not a plea of attack...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11, Order 26, Rule 9-- Local Commissioner - Plea that suit is barred by res judicata and that an application in a incompetent suit is not maintainable - Res judicata does not apply when proceedings for setting aside ex parte decree are still pending - Held, Local Commissioner, in such a suit, can be appointed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for declaration challenging validity of Will - Suit filed during lifetime of testator - No cause of action accrue to the plaintiff, as cause of action to challenge validity of Will arises only after death of testator - Suit, held, not maintainable - Plaint rejected...........

Showing : 131-140 of 578 Results