Showing : 41-50 of 2921 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction on the basis of agreement to sell - Limitation - Agreement to sell executed in the year 1987 and sale deed in favour of defendants executed in the year 1994 - Suit filed in the year 2004 - Nothing on record that steps were taken by plaintiff to get..........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration of title and permanent injunction - Unregistered partition deed - Said document can be relied on only for collateral purpose - In present case, plaintiff failed to prove possession over suit land, thus, said partition deed could not be used for collateral purposes - More so,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction - Co-sharer in joint possession - Restraint order that without seeking partition, parties not to alienate, mortgage and raise construction - If one of the parties/co-sharer is granted liberty to raise construction, it would create multifariousness, much less, create impediments and..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Pre-requisites to grant injunction - Unless and until, the affidavit filed in support of injunction application makes out prima facie case and deponents states on oath that balance of convenience is in his favour and there is risk of irreparable loss - Court cannot grant..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 6, Rule 1-- Temporary injunction - Non-pleading of pre-requisites - No pleading in counter affidavit about prima facie case, balance of convenience and irreparable injury which are essential ingredients U.O.39.Rr.1, 2 CPC - Burden is on deponent of affidavit to state on oath that these three fundamental..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Court Fees Act, 1870, Section 7(ivA)-- Court fees - Suit for cancellation of sale deed and for permanent injunction - Alternative pleas taken by plaintiff which are not based only on denial of execution of document - Plaintiffs therefore, are liable to pay Court fee u/s 7(iv-A)(1) of the Act...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction - Question regarding title and ownership of suit property by adverse possession is a blended question of fact and law which cannot be directly or substantially put in issue in a suit for permanent injunction...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 38, 39-- Permanent and mandatory injunction - Claim of plaintiff based on plea of easement of necessity as also prescription - However, plea of easement rejected by Court below but suit decreed on the ground that suit land was classified as `share-aam-rashta' in revenue record - Findings of Court below is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 39-- Suit for mandatory injunction - Against a family member who is in joint possession of property - Maintainability - Property belongs to mother - She permitted both sons to reside in the same house jointly but executed Will in favour of plaintiff only - Once it is established that defendant has no..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Grant of police aid - Implementation of ad-interim injunction order - It is always desirable for Court to conduct enquiry at first in interim injunction petition followed by police aid petition - This procedure can be followed only when by date of hearing police aid petition, defendant has come up..........

Showing : 41-50 of 2921 Results