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Results of declaration suit

Showing : 231-240 of 1352 Results

CHHATTISGARH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration of title, partition and separate possession - Suit property is ancestral property in which plaintiff is claiming half share - Defendant prayed for rejection of plaint on the ground that plaint discloses no cause of action in favour of plaintiff, as plaintiff is not son of ancestor,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 11, Order 23, Rule 1 -- Withdrawal of suit - Res judicata - Suit for declaration - Second suit not filed after either withdrawal or abandonment of claim raised in first suit and factum of first suit is disclosed in plaint of second suit, then subsequent withdrawal of first suit does not come within purview of provision, as withdrawal is..........

DELHI HIGH COURT

Year of decision: 2017
Details

Consent decree -- Suit for declaration that consensual decree be declared void, illegal, invalid, arbitrary and malafide - Judgment passed on 10.03.2006 and formal decree drawn on 02.02.2013 - Suit filed in the year 2013 - Bar of limitation - Order under challenge was within knowledge of plaintiff on 10.03.2006 - Preparation of decree in 2013 will not extend the period of..........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration and permanent injunction against State - Non-compliance of provisions of S.304(1) of Rajasthan Municipalities Act, as two months prior notice before institution of suit was not served upon Municipality - However, objection regarding no, compliance of said provision was not taken..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of alienees lis pendens - Suit for declaration qua Will being validly executed - Suit property alienated by GPA of co-defendant during pendency of suit to present alienees - Alienees lis pendens are necessary parties for completely adjudication of entire gamut of controversy, whereupon parties to lis are engaged -..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration of occupancy rights - Plaintiff/claimant obtained occupancy rights on basis of lease deed - Lease deed being unregistered and ante-dated found to be sham - Even otherwise, plaintiff himself admitted that he is not in possession of land and cultivation on his behalf is carried out by servant under management of..........

MEGHALAYA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for declaration and permanent injunction was filed by tenant - Landlord subsequently filed suit for eviction against tenant - Cause of action in earlier suit cannot be said to be directly and substantially involved in subsequent suit for eviction - Subsequent suit rightly not stayed by trial..........

MEGHALAYA HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Tenant filed suit on the apprehension that landlord attempting to deny his right as a tenant and was threatening to dispossess him without following due process of law - However, subsequently landlord filed suit for eviction - Neither apprehension of tenant is survived nor he now..........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Removal of wall and to keep service lane open as an approach way - Defendant specifically pleaded that wall was constructed on the basis of permission granted by defendant no.2 vide sanction order - Said sanction order not denied by plaintiff - However, there is admittedly no challenge to said sanction order -..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Adverse possession -- No declaration of ownership rights over suit property can be granted to plaintiff on the strength of adverse possession...........

Showing : 231-240 of 1352 Results