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Results of declaration suit

Showing : 191-200 of 1352 Results

BOMBAY HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34, Easement Act, 1882, Section 60(b) -- Suit for declaration of title and possession - Inconsistent pleas of ownership and easement in alternative taken by defendant - Plaintiff proved that he is owner of property - Defendant having failed to prove his ownership, cannot now be permitted to turn around and claim that by virtue of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Court Fees Act, 1870, Section 7(iv)(c) -- Court fees - Suit for declaration that Will is illegal null and void with consequential relief of permanent injunction - Court fee is to be paid as payable in a suit for declaration - Impugned order of directing plaintiffs to pay ad valorem Court fees set aside...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 8, Rule 6A, Court Fees Act, 1870, Section 7(iv)(c) -- Counter claim - Suit for declaration - Ad valorem court fee - Whether defendants-petitioners succeed in obtaining said declaration is a different thing - Merits of the case and effect of such declaration is not to be considered - Since, counter claim is only for declaration, therefore,..........

JHARKHAND HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Suit for declaration that suit properties belongs to Madarsa - Plaintiff pleaded that suit properties were purchased through registered sale deed by plaintiffs - However, it does not reflect from sale deeds that lands comprised therein were purchased for Madarsa - Name of office bearers of Madarsa not..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Amendment sought to incorporate relief of possession, as plaintiff dispossessed during pendency of suit - Such amendment which is on account of development during pendency of suit, should not normally be declined - Delay of 1 year and 3 months also cannot..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Agreement to sell -- Specific performance - Plea that suit is not maintainable in absence of seeking declaration of cancellation/termination of contract as agreement stood cancelled as plaintiff failed to perform his part of contract - Held, plea is not tenable when it is not plaintiff but defendants, who have failed to perform their part of the contract...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Agreement to sell -- Specific performance - Plea that suit is not maintainable without seeking declaration of cancellation/termination of contract - Plea not tenable in absence of such a pleading - Had the defendants taken this objection at the first instance, while filing written statement, plaintiff would get an opportunity to amend the plaint and challenge the..........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 9, Family Courts Act, 1984, Section 7 -- Jurisdiction of civil Court - Suit for declaration - Widow of deceased claiming certain rights on share of deceased in business - It is neither a family dispute, nor it is arising out of marital relationship nor parties to dispute connected through marriage - Defendants are totally third parties..........

DELHI HIGH COURT

Year of decision: 2018
Details

Family Courts Act, 1984, Section 7(1)(f), Hindu Adoptions and Maintenance Act, 1956, Section 18, 20, 23 -- Jurisdiction of Family Court - Civil suit for maintenance, permanent and mandatory injunction and for declaration - Plaintiff claiming right over share of her husband only and her claim cannot be independent of or higher than that of her husband - Claim of plaintiff..........

MADRAS HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 59 -- Amendment of plaint - Time barred relief - Cancellation or setting aside an instrument - Suit for declaration to be filed within three years of execution of said document or within three years of date of knowledge - Documents mentioned in written statement - Amendment not sought within three..........

Showing : 191-200 of 1352 Results