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Results of declaration suit

Showing : 371-380 of 1364 Results

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Arbitration and Conciliation Act, 1996, Section 45 -- Arbitration agreement - Suit for declaration and permanent injunction - Once it is found that agreement in question is a legal and valid agreement, which is capable of being performed by parties to suit, Court has no discretion but to pass an order by referring the parties to arbitration in terms of agreement - Trial..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Specific Relief Act, 1963, Section 14, 34 -- Contract of personal service - Cannot be specifically enforced - Termination of service of an employee by a private company, at best, gives right to aggrieved employee to sue for compensation in money - Suit for declaration that termination is illegal is not maintainable...........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and perpetual injunction - Ancestral property - Plaintiff born before date of vesting, so he got share equivalent to defendant No.1 in the property of Sir and khudkasht along with his father/defendant No.1 - However, name of father recorded in revenue record as `Karta' of family - Plaintiff aggrieved only..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration on the basis of adverse possession - Suit is not maintainable...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction on the basis of adverse possession - Suit for declaration on the basis of adverse possession is not maintainable - Plaintiff, since established his possession, decree of permanent injunction rightly granted in his favour...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-payment of ad valorem court fee - Suit for declaration - In a suit for declaration that civil court decree is illegal and is not binding upon rights of plaintiff, cloud on title is sought to be removed by way of declaration - Plaintiff not claiming possession - Plaint not liable to be rejected on..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Mohammedan Law -- Inheritance - Joint possession - Suit for declaration - Plaintiff being daughter of deceased entitled to equal share as compared to her brothers, as per Hanafi Succession - No evidence produced by defendants brothers of plaintiff, that they are in possession of property in a clear ouster of plaintiff by denying her title - Plaintiff not required to seek..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 14, Rule 3 -- Non-framing of an issue - Issue as to no, joining of necessary parties - Suit for declaration with consequential relief of possession and injunction, dismissed without framing said issue - No opportunity was afforded to plaintiffs to move an application for impleading necessary parties - Order remanding back to trial Court..........

RAJASTHAN HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining Bank from attaching and auctioning suit property during pendency of suit - Suit for injunction and declaration - Plaintiff purchased property by payment of due consideration by registered document and is in possession of the same - It cannot be said that property in question if it is..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aide - Suit for declaration - Summons not personally served upon defendant, as plaintiff himself signed as witness of service of summons and no independent witness signed on summons - Contention of plaintiff that defendant engaged two counsels which proves the knowledge of decree on the part of..........

Showing : 371-380 of 1364 Results