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Results of declaration suit

Showing : 361-370 of 1364 Results

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit for declaration - Proceedings pending before revenue authority and order passed therein were already assailed and were subject matter of suit itself - Once that be so, any subsequent order passed by revenue authorities would be hit by doctrine of lis pendens and would otherwise have no effect on the proceeding..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Court Fees Act, 1870, Section 7(iv)(a)(As -- Ad valorem Court fees - Suit for declaration that sale deed is null and void - U.P. Amended Act specifically provides for payment of court-fee in case where suit is for or involving cancellation or adjudging/declaring void or voidable an instrument securing property having money value - Ad valorem Court Fees u/s 7(iv)(a) of the..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent prohibitory injunction - Declaration sought that suit property is ancestral property and it cannot be divested by father of plaintiff by way of relinquishment deed - No material adduced by plaintiff that suit land was ancestral property and plaintiff having coparcenary rights over the same - As..........

MADRAS HIGH COURT

Year of decision: 2016
Details

Protection of Women From Domestic Violence Act, 2005, Section 12 -- Wife of deceased husband claiming right over suit property - Remedy - Wife can only file civil suit for declaration of her rights - No complaint under the Act can be filed...........

MADRAS HIGH COURT

Year of decision: 2016
Details

Protection of Women From Domestic Violence Act, 2005, Section 12 -- Wife of deceased husband claiming right over suit property - Sister-i, law seeking her eviction from the property - Legal remedy sought by sister-i, law cannot be branded as domestic violence - If she claims right over the property in the capacity as wife of deceased husband, remedy is only to file a civil..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that ex parte decree obtained by defendant against father of plaintiffs was illegal, null and void and not binding upon plaintiffs - No evidence on record that decree in question was obtained by playing fraud upon Court - Neither father of plaintiffs nor plaintiffs filed any application for..........

CALCUTTA HIGH COURT

Year of decision: 2016
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Defendant in possession - Suit for mere declaration without seeking relief of possession is not maintainable...........

CHATTISGARH HIGH COURT

Year of decision: 2016
Details

Court Fees Act, 1870, Section 5 -- Court fee - Suit for declaration that sale deed is null and void - Plaintiff not executant thereto - If the relief is for declaration that sale deed is null and void and not for cancellation of sale deed then plaintiff is required to value suit for declaration and not the value mentioned in sale deed...........

KERALA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 92, Order 1, Rule 8 -- Representative suit for possession and mandatory injunction - Suit for declaration that schedule property belongs to trust - Suit ought to have been either on behalf of deity or if proper reliefs are claimed in terms of S.92 CPC in relation to management and securing property, it should have gone u/s 92 of CPC...........

KERALA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 2(2), Order 1, Rule 8 -- Representative suit for possession and mandatory injunction - Suit for declaration that schedule property belongs to trust - No reliefs purely declaratory in nature could have been granted in an ill-constituted appeal and cross objection - Decree as such passed by Trial Court, would only confuse matter relating..........

Showing : 361-370 of 1364 Results