Showing : 251-260 of 539 Results

DELHI HIGH COURT
Year of decision: 2013
Details
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 15, Civil Procedure Code, 1908, Section 11-- Bona fide dispute of title - Determination by Estate Officer - Applicability of principle of Res judicata - Held, Estate Officer was not competent to rule upon issues of title, or grant declaration of title to an occupant - Any determination by him would have to be deemed as having been made..........
KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 92-- Suit claiming beneficial interest in trust of tarwad - Maintainability - Plaintiffs sought declaration that suit properties belonged to private trust of religious and charitable nature constituted for beneficial interests of members of tarwad - But plaintiffs were not descendents in female line..........
CALCUTTA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Alternative relief - Petitioner claimed title on strength of alleged deeds of conveyance - By introduction of alternative relief wanted to incorporate relief of recovery of money on breach of express obligations embodied therein - Held, by an introduction of alternative..........
MADRAS HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of party - Permissibility - Plaintiff sought declaration only in respect of superstructure - Suit was not in respect of land belonging to Tamil Nadu Slum Clearance Board - No relief claimed against Board - Held, impleadment of Board not necessary - Suit cannot be declared as bad in law..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Substantial question of law - Suit for declaration of title and possession of land - Dismissed by first appellate Court - High Court admitted second appeal on the ground that Courts below have failed to consider material evidence on record - However, High Court instead of pointing..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for declaration and injunction - Dispossession during pendency of suit - Proposed amendment seeking relief of possession - If such amendment is not allowed, plaintiff has to file another suit which will increase multiplicity of litigation - By allowing such amendment,..........
KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 16, Family Courts Act, 1984, Section 7(1)-- Declaratory suit - Place of jurisdiction - Disputed immovable property situated within territorial limits of Family Court, `K' - Principal relief sought for is a decree of declaration of petitioner's right, title and possession of said property - Held, thus, as per S.16 CPC, proceeding which is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 22, Rule 5-- Legal representative - Substitution of - Validity - `P' filed a suit for declaration claiming 1/4th share in property left by her father - She died during pendency of suit and succeeded by her husband `R', who moved an application for impleading/substituting him in place of her, being her husband..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for permanent injunction - By way of amendment of plaint relief of declaration of title, recovery of possession and mandatory injunction claimed - Such amendment does not alter the nature of suit - Order allowing amendment, upheld...........
DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 43, Rule 1A-- Compromise decree - Relief barred by limitation - Challenge to - Plaintiff is seeking a declaration by way of filing a separate suit that compromise decree passed is null and void - Held, declaration sought by plaintiff cannot be granted in an independent suit - Remedy open to plaintiff is to file..........

Showing : 251-260 of 539 Results