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Results of declaration suit

Showing : 281-290 of 1364 Results

KERALA HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration that there is no legal and customary marriage between parties - Limitation - Cause of action accrued to plaintiff/husband when defendant/wife had made a claim for maintenance alleging that she is legally wedded wife of plaintiff - Suit filed long after suffering an order of maintenance nearly 17 years of that..........

KERALA HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration that there is no legal and customary marriage between parties - Plaintiff/husband admitted the existence of customary marriage between parties in maintenance proceedings filed by wife, which fact is corroborated by registration of marriage agreement between parties - Husband paid the maintenance to wife without..........

DELHI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration and permanent injunction on the basis of Will and Codicil - Testator of Will is still alive thus plaintiff has no cause of action to file the suit, as contended by defendant - However, documents in question are created in praesenti - From the averments of document,..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Possession -- Claimed as alternative relief - Suit for declaration with consequential relief of injunction and alternative relief of possession - Grant of decree of declaration and permanent injunction - Appellate Court modified decree by granting relief of possession also as it came to conclusion that suit land is owned by plaintiff and part of same was in possession of..........

MADHYA PRADESH HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plaintiff in constructive possession of disputed joint family property, in which she has got share - Simplicitor suit for declaration of plaintiff's share in suit property is maintainable...........

MADHYA PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 1, 2, Specific Relief Act, 1963, Section 34 -- Suit for declaration - Relief of partition and possession - Plaintiff not claimed any relief of partition and possession - No pleadings regarding partition - No Court fees paid - It also not mentioned that all joint family properties are..........

MADHYA PRADESH HIGH COURT

Year of decision: 2017
Details

Hindu Succession Act, 1956, Section 6(u -- Inheritance - Suit for declaration of title - Suit property is co-parcenary property of grandfather of plaintiff, who expired in 1959 - Succession will open after death of grandfather of plaintiff - Present suit filed in 1993 - Since plaintiff is a daughter, parties are governed by provisions of old S.6 of the Act and amendment in..........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration - Further relief of possession, which should have been prayed not prayed - Held, suit is barred by S.34 of Specific Relief Act...........

DELHI HIGH COURT

Year of decision: 2017
Details

Suit for declaration -- Possession - Permanent injunction and damages - Plea of plaintiff that he purchased the property individually - Plea of defendants that property in question was jointly purchased by plaintiff and defendant - Both the parties failed to prove title documents - However, plaintiff was in prior possession of suit property and his prior possession not..........

SIKKIM HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration and recovery of possession - Claim of plaintiffs are that suit properties illegally transferred in the names of defendants - However, documents relied upon by plaintiffs does not support their claim - Thus, there are pertinent questions that require to be delved into..........

Showing : 281-290 of 1364 Results