Showing : 11-20 of 61 Results

HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for injunction - Sought to be converted into a suit for declaration of title and recovery of possession - Amendment sought in view of denial of title and due to alleged encroachment by defendants in violation of temporary injunction - By allowing amendment nature of suit..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Encroachment and construction during pendency of suit - Plaintiff is not under an obligation to seek further relief of demolition and removal of encroachment - Court has to look into situation as it was on the date of institution of suit and for subsequent events specific..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Encroachment and construction during pendency of suit - Compensation - Once plaintiff proves his case regarding ownership and entitlement for restoration of his possession against wishes of plaintiff, it would be wholly unjust and inequitable to deny him appropriate adequate..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 39-- Suit for mandatory injunction - Defendant constructed the wall by encroaching the land owned by plaintiff - Encroachment has to be removed and cannot be compensated by way of damages...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Decree of permanent injunction - Respondent still defy the decree of injunction by an express encroachment and user of petitioner's property as a pathway - Petitioner to give details of the Officers, who are responsible for the breach with the names and addresses as well as the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for permanent injunction - Encroachments made during pendency of suit - Amendment sought at the stage of last opportunity for leading evidence by plaintiff - Plaintiff unable to demonstrate with reference to some prima facie material that encroachment alleged had been..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 38, Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Injunction - Earlier also a similar suit was filed - Earlier suit was dismissed as withdrawn as defendant in the written statement stated that he will not interfere and would not raise any construction over the suit land - Plea that present suit is barred U.O.2.R.2, O.23.R.1 & S.11 CPC - Held,..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42-- Path allotted during consolidation proceedings - Respondent having made encroachment upon path, allottees filed suit for mandatory injunction which was decreed - Decree attained finality - Respondent filed petition u/s 42 of the Act alleging that allottees had entered into a compromise after..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Punjab Municipal Corporation Act, 1976, Section 269-- Suit for permanent injunction to restrain Corporation from carving out street through his property - Corporation pleaded encroachment by plaintiff on street but failed to prove any encroachment on the street - Held, plaintiff is entitled to relief of permanent injunction...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 91(1)-- Encroachment of public street - Suit for mandatory/permanent injunction - Causing hardship to plaintiff in ingress and egress to his house situated alongside the street - Special damages caused to plaintiff on account thereof - Held, plaintiff has locus standi to file the suit independently of the..........

Showing : 11-20 of 61 Results