Showing : 251-260 of 446 Results

KERALA HIGH COURT
Year of decision: 2011
Details
Succession Act, 1925, Section 306, Civil Procedure Code, 1908, Order 22, Rule 3-- Suit for declaration by donor or his LRs - Maintainability - Held, a suit for declaration that the documents executed by donor or assignor are not valid, or are vitiated by undue influence, fraud or coercion, could be filed by donor or assignor, as the case may be - Such a suit could be filed by..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151, 152-- Rectification in plaint after passing of the decree - Suit for declaration on the basis of family settlement - Decree passed in pursuance of compromise between the parties - After passing of decree and after a gap of nine years it came to knowledge that another plot was also the subject matter of..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Deficiency in Court fee - Plaintiff has not only sought relief of declaration but has also sought relief of mandatory injunction - Plaintiff under garb of suit for declaration and mandatory injunction, was seeking payment of bonds which were payable on demand - Hence, he was..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 6-- Plaint - Amendment - Suit u/s 6 of Specific Relief Act - Amendment of plaint to seek relief of declaration and damages - Amendment will change the nature and character of suit - Application dismissed...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 100-- Suit for permanent injunction - Second appeal - First appellate Court did not assign any reasons and reversed judgment and decree passed by trial Court on mere ground that plaintiff has not asked relief of declaration of title in respect of entire land and thus he is not entitled for a decree of..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 6-- Pecuniary jurisdiction - Dispute relating adjustment of account - Plaintiff sought adjustment of Rs.18 lacs in account, by way of mandatory injunction - It amounts to seeking claim of Rs.18 lacs - Plaintiff wrongly valued suit as Rs.100/- for declaration and Rs.100/- of injunction, when actual..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 24-- Transfer of suits - Suits for declaration and injunction pending in High Court and City Court - Disputes in suit in High Court and three other suits pending in City Court appear to be inextricably connected - Held, suits pending in City Court transferred to High Court - Suits will be taken up and..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1-- Temporary injunction - Derivative contract between appellant company and respondent Bank - Loan transaction executed to secure amount of loss arose out of derivative contract - Under the guise of suit for declaration that contract is void and for relief of injunction, appellant, in fact, want to..........
JHARKHAND HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 47-- Suit decreed for injunction in respect of certain plot and for declaration in respect of other properties detailed in cause title of plaint - In execution application, executing court, while allowing objection of J.D. u/s 47 CPC can take note of all these aspects and passed order, holding that..........
CHATTISGARH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 92, 27(4)- - Trust - Jurisdiction of Civil Court - Bar as to - Relief claimed to declare resolution null and void by which plaintiff was removed from trusteeship and applicant No.3 to 5 have been inducted as its trustee - Held, suit was not brought by plaintiff as representative of public for vindication of..........

Showing : 251-260 of 446 Results