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Results of declaration suit

Showing : 331-340 of 1352 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficiency of Court fees - Suit for declaration to challenge release deed and for joint possession - Plaintiff is herself executant of release deed - No monetary consideration has exchanged the hands for executing said release deed - There can be thus, no question to pay ad valorem Court fees on the..........

MADRAS HIGH COURT

Year of decision: 2016
Details

Evidence Act, 1872, Section 115 -- Estoppel - Suit for recovery of possession - Plaintiff purchased property by way of auction sale u/s 69 of T.P.Act - Defendant filed suit for declaration that auction sale is null and void - However, plaint in said suit is rejected by Court and said judgment became final in the absence of intra Court appeal or review against the same -..........

CHHATTISGARH HIGH COURT

Year of decision: 2016
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration - Not maintainable if plaintiff is not in possession of suit land...........

CHHATTISGARH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and permanent injunction - Plaintiff dispossessed during pendency of suit and after dismissal of his application for interim injunction - Amendment sought to i, corporate relief of possession, as mere suit for declaration not maintainable and hit by S.34 of Specific Relief..........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witnesses - Suit for declaration that information/communication ban is illegal and malafide with connected reliefs of damages and loss of reputation - Plaintiff failed to give any cogent reasons as to why senior officers of defendant are being summoned except stating that they are necessary to prove the case of..........

CHHATTISGARH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and permanent injunction - Relief of specific performance sought by way of amendment of plaint - Relief barred by limitation - Moreover, application for amendment was blissfully silent as to why it was not filed before commencement of trial - Amendment rightly declined...........

MADRAS HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and injunction - Petitioner purchased property from plaintiff prior to institution of suit - Said property included in scheduled property - If suit of plaintiff is decreed it will affect right of petitioner - Petitioner is absolute owner of scheduled property - Moreover, if..........

RAJASTHAN HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Suit for declaration and permanent injunction - Cause of action to file suit arose in the year 2015 and from that date suit filed by plaintiff is well within limitation - Moreover, question of limitation can be decided by trial Court after framing necessary issues and after taking..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23(1) -- Void transfer - Application has been filed by petitioner in order to avoid a document by which title of property has been transferred without filling suit for declaration in Civil Court - Petition dismissed...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Suit for declaration of tile - Plea that auction sale is not binding on ground of fraud - Remedy for setting aside sale on ground of irregularity or fraud is by way of filing application U.O.21.R.90, S.47 CPC and not by filing a civil suit...........

Showing : 331-340 of 1352 Results