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Results of declaration suit

Showing : 11-20 of 1352 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration, possession, mesne profits and permanent injunction - Plaintiff was not required to prove their ownership qua suit property, inasmuch as defendant/tenant himself in his written statement categorically admitted them as owners - Thus, an admitted fact was not required to be proved - More so, defendant has no..........

TRIPURA HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Relinquishment deed in favour of plaintiffs - Two co-sharers have abandoned their right, title and interest relating to suit property in favour of plaintiffs by executing a relinquishment deed - No dispute raised by executors of relinquishment deed - In absence of any dispute raised by executors of..........

GAUHATI HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plaintiff not in possession - Decree for declaration cannot be passed in view of bar u/s 34 of the Specific Relief Act...........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for declaration and permanent injunction sought in respect of property as thika tenancy - Thika tenancy is to be entertained by Thika controller - No civil Court shall have jurisdiction to decide or deal with any such matter which required to be determined by Controller - Suit is..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Will -- Plaintiffs claimed that Will in favour of defendant No.1 is null and void and not binding upon them - However, no evidence worth name ever came to be led on record on behalf of plaintiffs in support of said claim - Plaintiffs failed to discharge onus upon them by leading evidence - More so, as many as seven opportunities were granted to plaintiffs to lead evidence..........

DELHI HIGH COURT

Year of decision: 2019
Details

Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration, permanent injunction, damages and incidental relief - Right to sue in favour of plaintiff arose in 9 July 2018 when defendant first time denied plaintiff's title to Trade Mark and claimed its ownership - Said cause of action again arose in favour of plaintiff on 18 July 2018 when defendant relying upon..........

JHARKHAND HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Suit for declaration of title - Concurrent findings of two Courts below dismissing suit of plaintiff - Entire evidences discussed and said findings are supported by reasons and further points have also been framed by both Courts below - There is thus, substantial compliance with provisions of O.41.R.31 CPC -..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed in question is null and void - Plaintiffs contended that suit property is ancestral property - Burden to prove that suit property was self acquired property of husband of vendor was on appellant/purchasers - Appellants failed to discharge such burden - Since husband of vendor did not have an..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Will -- Proof of - Execution of Will in favour of defendants - Plea of fraud by plaintiffs - No FIR was lodged regarding alleged fraudulent execution of Will - Defendants themselves appeared in evidence and categorically stated that Will was executed by executor of his own free will and volition and that he was not suffering from any kind of ailment when Will was executed..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration that deed of cancellation of gift deed and deed of transfer is invalid, null and void - Donor had no authority to revoke gift deed - Hence, subsequent documents i.e transfer of property were in themselves without authority and null and void - Declaration was only incidental to title and possession of..........

Showing : 11-20 of 1352 Results