Showing : 131-140 of 231 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 9-- Bar of jurisdiction of Civil Court - Tenant having dispossessed forcibly, filed suit for recovery of possession - Held, such suit is not barred by S.13-A of the Act - Civil court will have jurisdiction to entertain and decide the suit...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Kerala Land Reforms Act, 1964, Section 13A, 125-- Bar of jurisdiction of Civil Court - Tenant having dispossessed forcibly, filed suit for recovery of possession - Held, such suit is not barred by S.13-A of the Act - Civil court will have jurisdiction to entertain and decide the suit...........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Subsequent suit - Bar U.O.2.R.2 CPC - Earlier suit for permanent and mandatory injunction praying that present petitioner be restrained from selling and using the property in question - Present suit has been filed by respondent No.1 for declaration, permanent injunction, recovery of possession and..........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of second suit - Earlier suit filed for permanent and mandatory injunction and second suit for declaration, permanent injunction, recovery of possession and mesne profits - Earlier suit withdrawn but no liberty granted to file a fresh suit on the same cause of action - Plea that relief of..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Question of title - Decided by Rent Controller when operates as res judicata in a subsequent suit for declaration - Held, when issue of title was directly and substantially in issue between the parties in the earlier suit for eviction then finding as to question of title in the..........
CHHATTISGARH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 65-- Plaint - Amendment - Alternative relief of delivery of possession - Limitation - Suit for declaration, mandatory injunction and possession filed on 30.04.1979 - Foundational fact with regard to recovery of possession made throughout in the plaint - Part of suit property already stood attached u/s..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Limitation Act, 1963, Section 27, Article 65, 67-- Recovery of possession - Plea of adverse possession - Limitation - Judgment passed on 22.06.1981 in earlier suit filed by defendants/respondents claiming tenancy - Claim of defendants not accepted though found to be in possession - Findings rendered in earlier suit have attained finality -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
State Financial Corporations Act, 1951, Section 24-- Recovery suit - Corporation taking possession of property mortgaged as collateral security - Held, Corporation is liable to account for profits and rent from business and property of debtor, and shall not engage in prohibited business and manage property as a person of ordinary prudence - It will..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Punjab Custom, (Power, Contest) Amendment Act, 1973-- Suit filed for possession on the basis of declaratory decree based on custom - Held, amendment of 1973 retrospectively takes away right to enforce right under the customary law for recovery in possession - Suit, thus ordered to be dismissed...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 6-- Suit for recovery of possession u/s 6 of Specific Relief Act - In a suit for recovery of possession u/s 6 of the Act, question relating to title need not be gone into - Plaintiff must prove his possession of suit property and forcible dispossession therefrom within 6 months prior to date of filing..........

Showing : 131-140 of 231 Results