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Results of declaration

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DELHI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for recovery of possession and permanent injunction - Rejection of plaint sought on the ground that plaintiff has not sought relief of declaration of title to property - However, from the averments in the plaint, title claimed by plaintiff is not in dispute - It was thus, not incumbent upon..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Haryana Registration and Regulation of Societies Act, 2013, Section 33(2), 40, Limitation Act, 1963, Section 5 -- Election - Complaint - Limitation - Once particular time frame is provided under provisions of the Act for purpose of reference of dispute, same has to be adhered to and delay cannot be condoned - Moreover, complaint is to be filed by 1/4th members of collegium..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent and mandatory injunction and possession - Relief of declaration is sought by way of amendment - Plaintiff pleaded in plaint that defendant has no right, title and interest and there is effort to encroach upon certain portion of land owned by plaintiff - Plaintiff also prayed for decree..........

KERALA HIGH COURT

Year of decision: 2017
Details

Evidence Act, 1872, Section 92 -- Suit for declaration that sale deed is sham and void - It is open to party to contend that document executed by him purporting to be a sale deed is only a fictitious or nominal transaction and that it was never intended to be acted upon and that transaction between parties was entirely different one...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Land Acquisition Act, 1894, Section 4, 6, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24, 114 -- Notification published u/s 4 of Old Act, 1894 in official Gazette but said notification was published in newspaper after commencement of new Land Acquisition Act, 2013 on 01.01.2014 - Said notification is..........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Challenge to adoption deed by natural guardians - Relief of custody of child prayed by natural guardian is a consequential relief to declaration sought by them to declare deed of adoption as null and void - It is civil Court and not Family Court under Family Court Act, 1984, which has jurisdiction...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration - Co-owner - Suit for declaration by a co-owner without seeking relief of possession is maintainable as every co-owner is deemed to be in possession of every part of the land...........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 306, 448, Evidence Act, 1872, Section 32 -- In case of suicide, statement of deceased recorded before death is essentially a dying declaration and is the most material piece of evidence...........

ORISSA HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration that defendant no.2 is not adopted son of defendant no.1 - Not maintainable, at the instance of plaintiff, as he is stranger to family of defendant no.1...........

DELHI HIGH COURT

Year of decision: 2017
Details

Evidence Act, 1872, Section 32 -- Dying declaration - Not in handwriting of SDM - In itself is no reason to discard dying declaration...........

Showing : 401-410 of 2886 Results