Showing : 1-10 of 624 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Injunction - Co-sharer - Plaintiff not entitled to injunction against other co-sharers even assuming that he is in possession - Possession of one co-sharer is possession of all co-sharers - It cannot be adverse to them, unless there is denial of their right to their knowledge by the person in..........
KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 11, Rule 14-- Production of documents - O.11.R.14 CPC, does not attach to a party an absolute right to insist for production of a document in possession of adverse party in support of proof of his case...........
ORISSA HIGH COURT
Year of decision: 2019
Details
Adverse possession-- Plea of adverse possession and title are mutually inconsistent...........
MADRAS HIGH COURT
Year of decision: 2019
Details
Adverse possession-- Suit for declaration of ownership on the basis of adverse possession - Plaintiff cannot seek such a declaration - Adverse possession can be pleaded in defence by a defendant. (Specific Relief Act, 1963, S.34)...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction - Question regarding title and ownership of suit property by adverse possession is a blended question of fact and law which cannot be directly or substantially put in issue in a suit for permanent injunction...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Adverse possession-- Adverse possession is a hostile possession by asserting denial of title of true owner - A party claiming adverse possession must prove that his possession is `nec vi, nec clam, nec precario', i.e, peaceful, open and continuous - Further possession must be adequate, in continuity, in publicity and..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Adverse possession-- A person who claims adverse possession should show: (a) on what date he came into possession, (b) what was the nature of his possession, (c) whether the factum of possession was known to the other party, (d) how long his possession has continued, and (e) his possession was open and undisturbed...........
KERALA HIGH COURT
Year of decision: 2018
Details
Adverse possession-- Possessing property with hostile animus to exclude all, is sufficient enough to constitute adverse possession - It is not necessary that true owner must be identified and specifically put on notice - It would suffice if possession is nec clam i.e., open and without stealth or secrecy, sufficient..........
KERALA HIGH COURT
Year of decision: 2018
Details
Adverse possession-- To call possession "adverse", what is material is the animus - There has to be a hostile animus - Intention to exclude the whole world from challenging a person's possession necessarily implies possession with hostile animus, to exclude all others including the rightful owner - Same would be..........
KERALA HIGH COURT
Year of decision: 2018
Details
Alternative and inconsistent plea-- Distinction - Alternate pleas are essentially different from inconsistent pleas - Inconsistent pleas do not go together - A plea of title and adverse possession would, in certain situations partake the character of alternate pleas, and in certain circumstances, of inconsistent pleas - When..........

Showing : 1-10 of 624 Results