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Results of declaration suit

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Showing : 171-180 of 1409 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 18, Rule 3 -- Evidence in rebuttal - Suit for declaration - It is obligatory on part of plaintiff to lead substantive evidence at affirmative stage - Plaintiff cannot be allowed to lead evidence in rebuttal in respect of an issue, the onus of which was on plaintiff himself...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34, 37, Limitation Act, 1963, Article 65 -- Suit for declaration, permanent injunction and possession - Limitation - Since suit was for declaration, permanent injunction and possession, Art.65 of Limitation Act is applicable which provides limitation of 12 years to be counted from the date when possession of defendant becomes adverse to..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 68 -- Suit for declaration - Proof of Will - Evidence of three witnesses clearly states that contents of Will were read over to testatrix - They also deposed that testatrix affixed her thumb mark in the presence of attestors and scribe - In turn, attestors also attested the document in testatrix's presence..........

CHHATTISGARH HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Suit property was self acquired property of father of plaintiffs - Father of plaintiffs granted license in favour of defendant - Defendants remained ex parte before Trial Court and did not led any evidence - They have not controverted plea of license stated by plaintiffs and witnesses -..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Suit for declaration of title and permanent injunction - High Court examined issue of ownership of plaintiff without framing any substantial question of law regarding same - It was necessary for High Court to have proceeded to examine issue relating to plaintiff's title..........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A(3) -- Application for taking documents on record - Suit for declaration and permanent injunction - Document sought to be brought on record was wholly unrelated to suit - Further, it was filed by a stranger and that too at belated stage - Application rightly rejected...........

CALCUTTA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of possession, on making refund of premium of sub-lease - Plaintiff asserting their right to re-enter in possession, by making refund of premium of sub-lease, which was distinct from right of re-possession - Suit based on vague right of re-entry, not maintainable - Amendment sought..........

CALCUTTA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 2, Rule 2 -- Additional relief - On basis of notice - Bar of O.2.R.2 of CPC - Original plaint sought for declaration to re-enter suit premises on refund of premium, where as amendment envisages recovery of possession on premises of notice - Since cause of action for original reliefs claimed and relief omitted are different and..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Suits Valuation Act, 1887 -- Suit filed for mandatory injunction claiming possession in the alternative - Plea that suit for possession without seeking declaration of title is not maintainable - Once relief of possession is sought, declaration is implicit...........

MADHYA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Suit for declaration and permanent injunction - Amendment sought was within knowledge of plaintiff even prior to filing of suit - Amendment if allowed would materially change nature of suit - Amendment rightly, rejected...........

Showing : 171-180 of 1409 Results