Showing : 271-280 of 446 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for declaration and injunction - Amendment seeking relief of specific performance after 11 years of filing of suit - Amendment allowed - Relief of specific performance was available on the date of filing of suit but was not claimed - Held, relief claimed by way of..........
GUJARAT HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Non disclosure of cause of action - Suit for declaration that sale deeds are bogus and unauthorized and be quashed - Except for using words `collusion' and `fraud' again and again in the plaint, no details have been given regarding the manner and the circumstances under which..........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of second suit - Earlier suit filed for permanent and mandatory injunction and second suit for declaration, permanent injunction, recovery of possession and mesne profits - Earlier suit withdrawn but no liberty granted to file a fresh suit on the same cause of action - Plea that relief of..........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Subsequent suit - Bar U.O.2.R.2 CPC - Earlier suit for permanent and mandatory injunction praying that present petitioner be restrained from selling and using the property in question - Present suit has been filed by respondent No.1 for declaration, permanent injunction, recovery of possession and..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Question of title - Decided by Rent Controller when operates as res judicata in a subsequent suit for declaration - Held, when issue of title was directly and substantially in issue between the parties in the earlier suit for eviction then finding as to question of title in the..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d), Bombay Public Trust Act, 1950, Section 50-- Rejection of plaint - Plaintiffs have sought a declaration that consent terms/consent award permitting removal of the deity from haveli is nullity - Consent of Charity Commissioner not obtained - Held, suit is barred by S.50 of the Bombay Public Trust Act, 1950 - Rejection of plaint, proper...........
CHHATTISGARH HIGH COURT
Year of decision: 2010
Details
Family Courts Act, 1984, Section 7(1)(e), 8(c), Civil Procedure Code, 1908, Section 24-- Jurisdiction of Family Court - Suit for declaration of legitimacy - Held, such suit falls within the exclusive jurisdiction of family Court - Suit pending before Civil Court - After constitution of family Court, suit pending before civil court transferred to family Court...........
JHARKHAND HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34-- Declaration suit - Second appeal - According to plaintiffs they had been in continuous peaceful possession of disputed land - Some area of disputed land has been wrongly recorded in the name of defendants - Taking undue advantage of the said erroneous entry, defendants started claiming their right..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11-- Court fee - Suit for declaration that sale deed executed by defendant No.1 in favour of defendant No.2 is invalid - Held, if non executant of the sale deed under challenge is in possession of the property and sues for declaration that the sale deed is null and void, such plaintiff has to pay fixed..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 41, Rule 24, 5-- Suit for declaration and permanent injunction - Suit dismissed - Appellate court remitted the case back to the trial court on the ground that trial court decided issue No.1 in six lines and issue No.6 in just nine lines - Held, if there is a sufficient evidence on record, then it was for the first..........

Showing : 271-280 of 446 Results