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Results of declaration suit

Showing : 311-320 of 1352 Results

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration and mandatory injunction - Plaintiff himself admitted that one of survey no of suit property stood in the name of one person - Having not impleaded the said person, suit is hit by no, joinder of necessary party...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership - Plaintiff not in possession - Suit is not maintainable without seeking relief of recovery of possession...........

CHHATTISGARH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of Benami law - Suit for declaration of title filed in 2011 on the basis of benami transaction which took place in 1964 - Prohibition under Benami Transaction Act is squarely applicable and attracted to the case - Plaint is barred by benami law and liable to be rejected - Application allowed...........

MADRAS HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 92 -- Suit seeking removal of Trustees, Directors and Office bearers of defendant-organisation - Second prayer in suit seeking declaration that suit property absolutely belongs to plaintiff and right of management for the benefit of the entire community - Suit is one u/s 92 CPC - Suit not maintainable without obtaining leave of Court..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Administration of Evacuee Property Act, 1950, Section 16 -- Restoration of land - Petitioners had earlier filed suit but same was dismissed on ground of jurisdictional error - Authorities could not have undertaken tasks of Civil Court for purpose of granting declaration of ownership and inheritance as it is domain of Civil Court - In case, petitioners have already availed..........

DELHI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 152 -- Correction of decree - Suit for declaration of gift deed as null and void decreed by Trial Court by ignoring the subsequent amendment which was allowed to incorporate the fact of cancellation of gift deed - Though both the reliefs i.e relief of declaration that gift deed is null and void and relief of cancellation of said deed..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Hindu Law -- Ancestral property - Plaintiffs being daughters of deceased, who died intestate in 1947, claiming right in suit property - However, declaration u/s 6(1) of Urban Land Act, is not filed by plaintiffs, even when they attained majority - Having failed to do so, it is proved that plaintiffs were fully aware that they had no right in the suit property of deceased -..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34, 39 -- Suit for declaration and mandatory injunction - Auction - Highest bid - Bid never accepted by concerned authorities - There was no concluded contract - Merely on the granting the declaration that rejection was illegal and arbitrary and by incompetent authority, further relief of mandatory injunction could not have been granted -..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Ad valorem Court fee - Suit for declaration that rejection of bid is invalid and mandatory injunction to accept highest bid - Valuation of suit not to be less that bid amount - Plaintiff directed to pay the ad valorem Court fee not only before Trial Court but also before High Court - Plaintiff directed..........

DELHI HIGH COURT

Year of decision: 2017
Details

Hindu Marriage Act, 1955, Section 5, 11, Specific Relief Act, 1963, Section 34 -- Legally wedded wife - Suit for declaration - Marriage between plaintiff and deceased solemnized during the subsistence of first wife of deceased - Second marriage not valid as per Hindu law - Solemnization of marriage between plaintiff and deceased again after death of first wife of deceased..........

Showing : 311-320 of 1352 Results