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Results of declaration suit

Showing : 291-300 of 1352 Results

MADHYA PRADESH HIGH COURT

Year of decision: 2017
Details

Court Fees Act, 1870, Section 7(iv)(c) -- Court fees - Suit for declaration that sale deeds are null and void and permanent injunction - Once plaintiffs were not party to sale deeds and defendant has not disposed of properties as Karta of Joint Hindu Family then certainly rigors of S.7(iv)(c) of the Act is not attracted and plaintiffs cannot be fastened with liability of..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plaintiff claiming himself to be in exclusive possession of suit land as co-sharer and that entries to the contrary be declared as null and void - However, plaintiff nowhere had laid any challenge to the entries whereby defendant was shown as co-sharer - There is no reason to discard the long standing revenue..........

DELHI HIGH COURT

Year of decision: 2017
Details

Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Eviction order - Direction of eviction is a necessary consequential relief or a corollary to which a senior citizen would be entitled upon a transfer being declared void - Even a civil suit seeking declaration without such a consequential relief would be dismissed as being not maintainable...........

ORISSA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 16, Rule 6 -- Production of document - Suit for declaration and recovery of possession - Original sale deed - In possession of vendee, who is dead - Plaintiffs filed certified copy of sale deed - Sale deed is now in custody of son of vendee - Document is vital one - Application allowed...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Amendment sought to correct Khasra no. of suit property - Patwari wrongly supplied incorrect Khasra no. to plaintiff - Said explanation is absolutely plausible, as plaintiff has nothing to achieve by mentioning wrong khasra no. - Case is fixed for plaintiffs evidence - Amendment..........

MADRAS HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Non-disclosure of cause of action - Suit for declaration and injunction - Plaint clearly disclosed various facts and reliefs - Whether plaintiff succeeds or not can be ascertained only after full fledged trial - At this stage, trial Court cannot conclude that suit is not maintainable - Impugned order..........

CHHATTISGARH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 10 -- Stay of suit - Suit for declaration of title and proceedings for grant of succession certificate - Both proceedings are different and jurisdiction of Courts is also different - S.10 CPC is not attracted to stay the proceedings initiated for grant of succession certificate...........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 37, 38 -- Injunction suit - Possession of property - Suit property is an abadi land - Revenue record filed by plaintiff and judgment and decree of earlier suit shows that there was declaration by competent Court regarding possession of father of plaintiff over suit property - Simply because defendants were not party in said suit, findings..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Suit for permanent injunction and declaration - Questions raised in second appeal did constitute substantial questions of law within the meaning of S.100 CPC - High Court unfortunately did not examine any of issues much less in its proper perspective - High Court..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand of case - Suit for declaration - High Court while dismissing the appeal and suit as partly decreed by Trial Court held that plaintiff was not able to prove his title to land in suit due to no, examination of his vendor - All that High Court in such circumstances should have done was to remand the case to trial Court..........

Showing : 291-300 of 1352 Results