Showing : 521-530 of 1319 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Closing of evidence - Validity - Suit for declaration filed on 14.03.2003 - Case fixed for evidence of defendants for first time on 29.05.2013 - Trial Court closed their evidence on 22.07.2013 without affording adequate opportunity to conclude evidence - Defendants already deposited process fee..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Evidence Act, 1872, Section 101, 102, 103-- Burden of proof - Suit for declaration and possession - Burden always lies on plaintiff to make out and establish a clear case for granting such a declaration - Weakness, if any, of the case set up by defendant is not a ground to grant relief to plaintiff...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for permanent injunction - Amendment seeking relief of declaration with consequential amendments including valuation of suit for the purpose of court fee and jurisdiction - Proposed amendment does not change the nature of suit - Amendment sought deserves to be allowed in..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Limitation Act, 1963, Article 64, 65-- Limitation - Suit for declaration - In respect of declaratory suits pertaining to immovable property period of limitation is governed by Arts.64 & 65 and not by Art.58 of Limitation Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Land Acquisition Act, 1894- - Ancestral property - Sale deed - Validity of - Suit for declaration that sale deed was nullity as disputed property was ancestral property in hands of vendor and as per custom prevalent in society of respondents sale of such property except for legal necessity was not permitted - Except PW1..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for declaration that sale deed is null and void and result of fraud and misrepresentation - Amendment of plaint sought on the ground that after filing of written statement plaintiff came to know about a forgery and the same was sought to be incorporated by way of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 6-- Dispossession - When suit u/s 6 of the Act fails, normal remedy for a party is to file a suit for declaration of title & possession - No appeal lies from the decision arising in a suit u/s 6 of the Act - Court can only interfere in revisional jurisdiction u/s 115 CPC...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 89, Order 7, Rule 10-- Return of paint - Dispute settlement through private forum - Agreement between parties - When said forum is not competent to grant declaration/interim reliefs, parties are not debarred to initiate a civil suit in the competent court for the reliefs including damages for the work done by them -..........
KERALA HIGH COURT
Year of decision: 2013
Details
Limitation Act, 1963, Article 58-- Suit for declaratory relief - Limitation - Art.58 applies only to cases where declaration simplicitor is sought without any further relief...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Redemption of Mortgages (Punjab) Act, 1913, Section 12-- Redemption - Suit for declaration filed u/s 12 of the Act must be construed as a suit for redemption - Suit cannot therefore be dismissed for sole reason that specific prayer for redemption was not sought...........

Showing : 521-530 of 1319 Results