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Results of declaration suit

Showing : 251-260 of 1372 Results

MEGHALAYA HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Tenant filed suit on the apprehension that landlord attempting to deny his right as a tenant and was threatening to dispossess him without following due process of law - However, subsequently landlord filed suit for eviction - Neither apprehension of tenant is survived nor he now..........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Removal of wall and to keep service lane open as an approach way - Defendant specifically pleaded that wall was constructed on the basis of permission granted by defendant no.2 vide sanction order - Said sanction order not denied by plaintiff - However, there is admittedly no challenge to said sanction order -..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Adverse possession -- No declaration of ownership rights over suit property can be granted to plaintiff on the strength of adverse possession...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Suit for declaration of ownership - Material facts regarding ownership rights of plaintiff not pleaded in the plaint - Suit thus liable for rejection at threshold - Even otherwise, there was absolutely no evidence adduced by plaintiff to prove and establish his legal ownership rights..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for declaration - Plaintiffs claimed birth right in suit property being coparcener - Claim of coparcenary rights in plaint is dependent upon material to be proved on record by way of evidence - No strict opinion can be formed at the stage of O.7.R.11 CPC, on..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, possession and for permanent injunction - Amendment sought to incorporate additional prayer of possession by partition and recovery of mesne profits - Proposed amendment if allowed would change the nature of suit, which is not permissible in law - Moreover, there is no explanation,..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration that suit properties in schedule `B' and `C' are self acquired properties - Plaintiffs failed to adduce documentary evidence to prove that suit properties are self acquired properties - Legal presumption of suit properties to be part and parcel of ancestral one (schedule `D') can easily be drawn for want of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration claiming ownership on the basis of sale deed - Property purchased during pendency of execution petition at the hands of defendant No.1/earlier decree holder - Plaintiff stepped into the shoes of his vendor - Separate suit to challenge the legality and validity of proceedings conducted vis-a-vis sale of property,..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 9, Family Courts Act, 1984, Section 7, 8 -- Jurisdiction of civil Court - Suit for declaration that defendant is not legally married wife of plaintiff - Civil suit for declaration is maintainable - Suit for declaration as to legal character which includes the matrimonial status of parties to a marriage when it comes to a marriage which..........

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..........

Showing : 251-260 of 1372 Results