Showing : 1-10 of 123 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 47-- Objections - Execution - Suit for permanent injunction - Question of trusteeship already decided by trial Court in its findings and said findings of trial Court affirmed by Appellate Court - No further appeal preferred by JDs against it - By allowing JDs to re-open question of trusteeship by way..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Three separate suits were filed by plaintiff for declaration of title and permanent injunction against defendants including State - First two suits were dismissed and plaintiffs filed appeal in both the suits - Issue of title thus, not attained finality - Findings recorded in first..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for permanent injunction - Plaintiff was aware of correct address of defendant but intentionally did not give the same - No explanation come forth in plaint or in evidence of giving other address of defendant, which was not supported by any documentary..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Decree of permanent injunction - Decree attained finality - Decree for permanent injunction can be executed where D.H. is dispossessed and Executing Court is within its jurisdiction to direct recovery of possession...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Suit for declaration and permanent injunction - Another suit for partition pending including parties to the present appeal - All the properties including the subject matter of appeal should be adjudicated in one suit though claimed by one party belonging to the family or/and its members and denied..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Prayer in the alternative for decree of possession - Suit dismissed on the ground that suit is merely for permanent injunction - Validity - Property is a vacant piece of land - Possession of a vacant piece of land always follows title - Both the Courts below have found that..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration of title and permanent injunction - Amendment sought to seek a decree of declaration of ownership and possession over C schedule property - Though new plea is sought to be raised by plaintiff but it cannot be found that plea sought to be raised is totally..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13, Specific Relief Act, 1963, Section 37, 38, 41(a), 41(b)-- Anti-Suit injunction - Restraining wife from pursuing divorce petition before Court in USA - Husband filed a divorce petition in India - Both the parties are permanent citizens of USA - No prejudice caused to husband if proceedings are allowed to be continued in Court at USA, as he himself is..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47-- Objection by JD - Execution - Decree for declaration, permanent and mandatory injunction - JD failed to lead any evidence before trial Court when proceedings were undertaken in suit filed by plaintiffs - He cannot be permitted to raise objection on merits of decree before executing Court, as said..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 32(5)-- Execution - Decree of permanent prohibitory injunction - Direction issued by executing Court to JD to remove obstructions to shop room and maintain shop rooms in previous position and to hand over shop room to decree holders for purpose of business - Cannot be said to be beyond scope and ambit of..........

Showing : 1-10 of 123 Results