Showing : 81-90 of 370 Results

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..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2-- Rejection of plaint - Bar of O.2.R.2 CPC - Earlier suit for permanent injunction decided only in respect of possession - Subsequent suit filed for declaration, recovery of possession and mandatory injunction - Cause of action in both suits are different - Moreover, grounds of rejection of plaint..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 102-- Suit not only for recovery of money but also for declaration and permanent injunction - Held, provision of S.102 CPC is not applicable...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent prohibitory injunction - Declaration sought that suit property is ancestral property and it cannot be divested by father of plaintiff by way of relinquishment deed - No material adduced by plaintiff that suit land was ancestral property and plaintiff having..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 92, Order 1, Rule 8-- Representative suit for possession and mandatory injunction - Suit for declaration that schedule property belongs to trust - Suit ought to have been either on behalf of deity or if proper reliefs are claimed in terms of S.92 CPC in relation to management and securing property, it should have gone..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 2(2), Order 1, Rule 8-- Representative suit for possession and mandatory injunction - Suit for declaration that schedule property belongs to trust - No reliefs purely declaratory in nature could have been granted in an ill-constituted appeal and cross objection - Decree as such passed by Trial Court, would only confuse..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Arbitration and Conciliation Act, 1996, Section 45-- Arbitration agreement - Suit for declaration and permanent injunction - Once it is found that agreement in question is a legal and valid agreement, which is capable of being performed by parties to suit, Court has no discretion but to pass an order by referring the parties to arbitration in terms..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and perpetual injunction - Ancestral property - Plaintiff born before date of vesting, so he got share equivalent to defendant No.1 in the property of Sir and khudkasht along with his father/defendant No.1 - However, name of father recorded in revenue record as `Karta' of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction on the basis of adverse possession - Suit for declaration on the basis of adverse possession is not maintainable - Plaintiff, since established his possession, decree of permanent injunction rightly granted in his favour...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 14, Rule 3-- Non-framing of an issue - Issue as to no, joining of necessary parties - Suit for declaration with consequential relief of possession and injunction, dismissed without framing said issue - No opportunity was afforded to plaintiffs to move an application for impleading necessary parties - Order..........

Showing : 81-90 of 370 Results