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Results of declaration suit

Showing : 141-150 of 1352 Results

HIMACHAL PRADESH HIGH COURT

Year of decision: 2018
Details

Easements Act, 1882, Section 33 -- Violation of easementary rights - Suit for declaration and permanent prohibitory injunction - Plaintiff earlier filed suit in which plea of adverse possession was taken by her - Plea of easementary rights in the teeth of earlier suit in which plea of adverse possession was taken, is not available to her, as both the pleas are vertically..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Mistake of counsel - Suit for declaration - Party shall not be made to suffer for the mistake of counsel specially when his valuable rights are at stake...........

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Suit for declaration of status - Illegitimacy of child sought to be declared - Father filed suit to declare that he is not father of child - Child alone will be person affected by declaration if it is granted - Thus, child is necessary party to suit - Without child on party array its paternity and legitimacy..........

KERALA HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34, 35 -- Suit for declaration - Plaintiff cannot expect to receive discretionary relief of declaration without impleading person against whom declaration is sought or person who will be effected by declaration or person against whom declaration is directed...........

KERALA HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration of status and compensation - Relief of declaration sought by father to declare that he is not father of child - Compensation is sought against mother of child for her having allegedly lived in adultery - Two reliefs sought by plaintiff/father are independent of each other and one cannot be linked to other -..........

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand for de-novo trial - Suit for declaration regarding illegitimacy of child sought by father decreed without child array as party to suit - Re-trial of case is considered as trial is held and evidence including DNA profile report let without child being array as party - Child should not be compelled to be bound by..........

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and permanent injunction - Amendment sought to seek a decree of declaration of ownership and possession over C schedule property - Though new plea is sought to be raised by plaintiff but it cannot be found that plea sought to be raised is totally inconsistent with plea..........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Agreement to sell -- Specific performance - - Readiness and willingness - Appellant is tenant of suit property and agreed to purchase it as per agreement - However, respondent landlord denied the same - No evidence was produced by tenant to show his readiness and willingness to perform the contract - On the contrary, when owner denied appellant's claim of tenancy, he just..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration simplicitor - Suit is maintainable when plaintiff is in possession of suit property...........

KERALA HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration of title, recovery of possession and for cancellation of sale deed - Registered sale deed of suit property in favour of plaintiff by defendant is proved on record - Subsequent execution of another deed of conveyance by defendant with respect to same property in favour of defendant no.1 is without any authority,..........

Showing : 141-150 of 1352 Results