LawMirror.com

Results of declaration suit

Showing : 261-270 of 1352 Results

ORISSA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - Suit for declaration of right, title, interest, confirmation of possession - Suit property leased out to DHrs by State Housing Board - State Housing Board not filed any application challenging executability of decree - JDs not taken any steps to prove that suit property is a joint family property as..........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Adverse possession -- Suit for declaration on basis of adverse possession - Not maintainable, as plea of adverse possession is considered to be a defence...........

ORISSA HIGH COURT

Year of decision: 2017
Details

Bihar and Orissa Tenancy Act, 1913, Section 5(2), 55(c) -- Suit for declaration of occupancy raiyat - Bar to institute suit - Disputed land belonging to Government recorded as canal - As per plaintiff, he took permission from ex-proprietor for cultivation of land in 1940 - However, plaintiff was 41 years old when he instituted suit in 1982 which shows that he was born in..........

ORISSA HIGH COURT

Year of decision: 2017
Details

Bihar and Orissa Tenancy Act, 1913, Section 5(2), 55(c) -- Suit for declaration of occupancy raiyat - Bar to institute suit - As per S.55(c) of the Act, there is bar to institute suit in respect of land belonging to Government or any local authority which is used for any public work - In the instant case, disputed land belonging to Government recorded as canal - Thus, suit..........

CHHATTISGARH HIGH COURT

Year of decision: 2017
Details

Hindu Marriage Act, 1955, Section 11, 12 -- Void or voidable marriage - Plaintiff is required to plead that there was no marriage in the eyes of law, in a suit for declaration of marriage as void or voidable - It does not mean that declaration as to validity of marriage or marital status of parties cannot be sought under the Act even if parties are Hindu - Refusal to..........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration - Starting point of limitation for filing suit for declaration u/art 58 of the Act is when right to sue "first accrues" - Cause of action for purposes of Art.58 of the Act, accrues only when right asserted in suit is infringed or at least when there is clear and unequivocal threat to that right...........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for declaration - Cause of action for fling suit arose when plaintiff came to know about purported purchase of suit property by defendant - Plaintiff was aware of Certificate of Purchase from year 1985 and he filed suit in year 2004 - Thus, suit is barred by limitation u/art..........

CHHATTISGARH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - For demarcation of suit land - Suit for declaration of title and permanent injunction - Serious dispute between parties with regard to boundary/area of scheduled suit land specially with regard to identity of land - No effective decree can be passed without appointment of commissioner - Commissioner..........

KERALA HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration - If a party wants a declaration that there was no marriage and no marriage was conducted and thereby status of wife or husband should not be given to any of spouses, then it would be a relief outside the purview of matrimonial laws under the statues no such declaration be possible and the remedy is available..........

KERALA HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration that there is no legal and customary marriage between parties - Limitation - Once the declaration u/s 34 of the Act is sought for, which is not coming under the purview of Marriage Laws as per the statues provided for that purpose, then bar u/s 29(3) of Limitation Act would not be attracted and for such suits or..........

Showing : 261-270 of 1352 Results