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Results of declaration suit

Showing : 151-160 of 1352 Results

CALCUTTA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local investigation report - Challenge as to - Commissioner's report on ground that he did not superimpose case map and settlement map - Suit for declaration - Commissioner took paddy plot and private plots as fixed points with the help of both parties - Petitioner neither objected to mode of survey though..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of declaration of title and recovery of possession sought on basis of subsequent event, as defendants encroached suit property and made constructions over it - Proposed amendment if permitted neither introduce change in nature and character of suit nor change frame..........

KARNATAKA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 22, Rule 4 -- Decree against a dead person - Death of defendant and his LR's not impleaded - Separate suit can be maintained by heirs of deceased defendant seeking a declaration that decree passed is a nullity and not enforceable against them...........

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree - Partition suit - Declaration of rights of parties to partition suit is not dependent on payment of Court fee by defendant - It affects only actual partition and separation of his share in property...........

MADRAS HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff claimed to be owner of suit property under sale deed - However, plaintiff failed to establish his vendor's title, possession and enjoyment of suit property - Title of his vendor based on the strength of partition list - No proof placed to hold that parties to partition..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34, Transfer of Property Act, 1882, Section 118 -- Suit for declaration that exchange of property between father of plaintiff with his brother is invalid - Maintainability - Property acquired by father of plaintiff in partition although is separate property qua other relations, but it is coparcenary property insofar as his sons and..........

MADRAS HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff claims title to suit property on the basis of Patta jointly granted in favour of plaintiff and defendant - Defendant thrown a serious challenge to claim of plaintiff's title, possession and enjoyment of suit property before institution of suit - Plaintiff should have sought for relief of declaration..........

GUJARAT HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34, 37, 38 -- Suit for injunction, declaration and possession - When can be filed - Where plaintiff is in possession, but his title to the property is in dispute, or under a cloud, or where defendant asserts title thereto and there is also a threat of dispossession from the defendant, plaintiff will have to sue for declaration of title..........

JHARKHAND HIGH COURT

Year of decision: 2018
Details

Mohammedan Law, Section 307(3) -- Suit for dissolution of marriage by husband - Maintainability - None of the provisions under Mohammedan Law permits husband to obtain decree of divorce through a judicial declaration - Suit, held not maintainable...........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 101 -- Burden of proof - Suit for declaration - Relief claimed is of declaration of title - Burden therefore heavily is upon plaintiffs to establish that documents filed by them relate to suit property...........

Showing : 151-160 of 1352 Results