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Results of declaration suit

Showing : 1211-1220 of 1352 Results

ALLAHABAD HIGH COURT

Year of decision: 1994
Details

Hindu Marriage Act, 1955, Section 11, 17 -- Second marriage during subsistence of first marriage - No remedy is available under Sections 11 and 17 - However, wile has a right to file suit for declaration that marriage of her husband with a second wife is illegal and void...........

BOMBAY HIGH COURT

Year of decision: 1993
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amend-ment which is necessary for the purpose of determining the real ques-tions and controversies between the parties should be allowed if the same does not cause injustice to the other party - Suit for declaration and injunction - Plaintiff dispossessed during pendency of suit - Amendment of plaint..........

KARNATAKA HIGH COURT

Year of decision: 1993
Details

Civil Procedure Code, 1908, Section 9 -- Suit for permanent injunction restraining defendant from disconnecting electric supply based on a letter without seeking any declaratory relief that the defendants have no power to disconnect the power supply or to interfere with the enjoyment of power supply or for declaration that the defendants have no power either under the Act..........

BOMBAY HIGH COURT

Year of decision: 1993
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Subsequent events - Maintenance petition by wife and for creating charge on land owned by husband and agreed to be sold to third person - Death of husband during pendency of suit - Amendment of plaint sought seeking relief of declaration of ownership to suit land - Amend-ment allowed as relief claimed being in addition to..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1993
Details

Civil Procedure Code, 1908, Order 6, Rule 1, Specific Relief Act, 1963, Section 34, 38, 39 -- Plaint to be read as a whole - In the prayer clause only injunction prayed for - In order to find out what in fact is claimed, one has to read the entire plaint - Held, plaint clearly indicates that what is sought in the suit is declaration as also relief of injunction. (Punjab..........

SUPREME COURT OF INDIA

Year of decision: 1993
Details

Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Previous suit for injunction dismissed on technical ground - Subsequent suit for declaration of title and recovery of possession - Not barred by res judicata - Suit is not even barred U.O.2.R.2 since cause of action in both suits was distinct...........

BOMBAY HIGH COURT

Year of decision: 1992
Details

Transfer of Property Act, 1882, Section 53(1) -- Charge created on property of husband in a suit fifed by wife for maintenance and arrears of maintenance - Husband executing gift deed in favour of third person - Trial Court dismissing wife's subsequent suit for declaration that gift deed was not binding on her - In appeal, such declaration granted in view of S.53(1) of..........

MADHYA PRADESH HIGH COURT

Year of decision: 1992
Details

Civil Procedure Code, 1908, Section 9 -- Suit for declaration of marriage as invalid - Civil Court within whose jurisdiction parties are residing had jurisdiction irrespective of place where marriage took place...........

ORISSA HIGH COURT

Year of decision: 1992
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Eviction decree - Execution - Tenant making futile attempts to challenge executability of decree by filing various applications - Suit by wife of tenant for declaration of title and confirmation of possession - Injunction against execution of eviction decree could not be passed in such suit...........

KERALA HIGH COURT

Year of decision: 1992
Details

Civil Procedure Code, 1908, Order 1, Rule 9 -- Easement right over a pathway - Suit for declaration - It is not necessary to implead all the servient owners through which the alleged pathway pases - Only the person who obstructs the same need be made a party...........

Showing : 1211-1220 of 1352 Results