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Results of declaration suit

Showing : 321-330 of 1372 Results

DELHI HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration challenging two Wills - Wills in question were validly executed and not proved to be forged and fabricated - Long silence of plaintiff from the date of mutation of Wills till 2007 established that he knew about the existence of Wills executed by his father whereby he divided one acres of land to his two sons who..........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Valuation of suit - Suit for declaration, partition and separate possession - Suit was not properly valued - Plaintiff was directed to correct the valuation of suit - After correction of valuation of suit claim, Civil Judge Junior Division ceased to have pecuniary jurisdiction to entertain the suit -..........

DELHI HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Proviso - Suit for declaration - Appellants simply seeking relief under testamentary instruments executed by their parents that parties are in possession of property bequeathed to them - Relief of possession not claimed by parties as they are already in possession of properties - Question of appellants omitting to claim a further..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration and mandatory injunction - Plaintiff himself admitted that one of survey no of suit property stood in the name of one person - Having not impleaded the said person, suit is hit by no, joinder of necessary party...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership - Plaintiff not in possession - Suit is not maintainable without seeking relief of recovery of possession...........

CHHATTISGARH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of Benami law - Suit for declaration of title filed in 2011 on the basis of benami transaction which took place in 1964 - Prohibition under Benami Transaction Act is squarely applicable and attracted to the case - Plaint is barred by benami law and liable to be rejected - Application allowed...........

MADRAS HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 92 -- Suit seeking removal of Trustees, Directors and Office bearers of defendant-organisation - Second prayer in suit seeking declaration that suit property absolutely belongs to plaintiff and right of management for the benefit of the entire community - Suit is one u/s 92 CPC - Suit not maintainable without obtaining leave of Court..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Administration of Evacuee Property Act, 1950, Section 16 -- Restoration of land - Petitioners had earlier filed suit but same was dismissed on ground of jurisdictional error - Authorities could not have undertaken tasks of Civil Court for purpose of granting declaration of ownership and inheritance as it is domain of Civil Court - In case, petitioners have already availed..........

DELHI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 152 -- Correction of decree - Suit for declaration of gift deed as null and void decreed by Trial Court by ignoring the subsequent amendment which was allowed to incorporate the fact of cancellation of gift deed - Though both the reliefs i.e relief of declaration that gift deed is null and void and relief of cancellation of said deed..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Hindu Law -- Ancestral property - Plaintiffs being daughters of deceased, who died intestate in 1947, claiming right in suit property - However, declaration u/s 6(1) of Urban Land Act, is not filed by plaintiffs, even when they attained majority - Having failed to do so, it is proved that plaintiffs were fully aware that they had no right in the suit property of deceased -..........

Showing : 321-330 of 1372 Results