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Results of declaration suit

Showing : 111-120 of 1352 Results

KARNATAKA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34 -- Rejection of plaint - Suit for declaration and permanent injunction that sale deed executed by defendant Nos.1 to 6 in favour of defendant No.7 is not binding on plaintiff and restraining defendants from alienating or encumbering or creating third party rights - Plaintiff in possession..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 20(c) -- Territorial jurisdiction - Suit for declaration - Suit filed by plaintiff is a derivative action on behalf of defendant No.2 which is a company incorporated in Dubai - Plaintiffs were also resident nationals of Dubai - Merely because dispute is about those shares which are issued by Indian Company would not lead to conclusion..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration - Mutation entries - Entries made in mutation register by Patwari in discharge of his public duties or orders passed thereon by Revenue Officer would be a relevant evidence u/s 35 of Evidence Act - In present case, mutation in favour of executant's son was given effect to in record of rights i.e. Jamabandi of..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff claimed to be owner and in possession of suit property on the basis of agreement to sell - However, agreement in question was not registered and even same was not on proper stamp paper - Agreement to sell is thus, not admitted in evidence and can be used only for..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction on the basis of agreement to sell - Limitation - Agreement to sell executed in the year 1987 and sale deed in favour of defendants executed in the year 1994 - Suit filed in the year 2004 - Nothing on record that steps were taken by plaintiff to get sale deed executed in his favour -..........

MADHYA PRADESH HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Unregistered partition deed - Said document can be relied on only for collateral purpose - In present case, plaintiff failed to prove possession over suit land, thus, said partition deed could not be used for collateral purposes - More so, plaintiff also failed to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Separate suit for declaration that ex parte decree is result of fraud - A small irregularity in the report of process server would not make the judgment and decree fraudulent particularly when party to the suit was not proceeded against ex parte on the aforesaid report...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 151, Order 14, Rule 5 -- Framing of additional issues - After closure of plaintiff's evidence - Suit for declaration - Grant of declaration is dependent upon claims set up by plaintiffs on the basis of two Wills and one family settlement - Plaintiffs had already concluded their evidence and after closing of the same voluntarily, have..........

GAUHATI HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration - Mere permission for possession from rightful owner, cannot entitle a person to claim right, interest and title over suit property nor this makes his possession to be absolute...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 18, Rule 3 -- Evidence in rebuttal - Suit for declaration - It is obligatory on part of plaintiff to lead substantive evidence at affirmative stage - Plaintiff cannot be allowed to lead evidence in rebuttal in respect of an issue, the onus of which was on plaintiff himself...........

Showing : 111-120 of 1352 Results