Showing : 551-560 of 1871 Results

KERALA HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 36, 37-- Injunction - Decree granting injunction directing the owner of land to do or not to do a particular act or thing in suit property is binding on the subsequent assignees and such decree cannot be said to be purely personal against the original judgment debtor alone, as it is a restriction on..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Suit for possession, injunction & redemption of mortgage - No reason as to why document in knowledge and possession of appellant not produced in trial court - It is not duty of this court to call fresh evidence to pronounce a judgment in a particular way -..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for specific performance - Preservation of property is fundamentally important lest a judgment and decree in favour of plaintiff subsequently passed is rendered incapable of execution - Thus, it is proper in facts of case to restrain defendant from alienating,..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Restraining defendant from interfering with possession of plaintiff - To establish possession it is not necessary that party should remain physically present at suit premises - To be in possession necessary means to be in control of the premises and to put it to use as and..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Wakf Act, 1995, Section 83(2)-- Suit for permanent injunction and alternative relief sought of declaration that sale deed is void - Application u/s 83(2) of Act - Nothing on record to suggest that on the date of filing application suit premises was Wakf and applicant was appointed as Mutawalli - No order passed by Act which was..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Wakf Act, 1995, Section 83(2)-- Suit for permanent injunction and alternative sought of declaration that sale deed is void - Application u/s 83 of Act - Dispute not covered u/ss 6 & 7 and under any other provision of Wakf Act - Suit held not maintainable before Tribunal nor Tribunal had jurisdiction to entertain the same...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim injunction - Suit for specific performance - Delivery of possession - Possession of suit property was proved by plaintiff through Ex.P2 & P3-pahani which shows the name of plaintiff as purchaser - These documents prima facie establish possession of plaintiff of suit property - Injunction..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Cannot be granted when suit for permanent injunction is not maintainable...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Defendant allowed plaintiff to stay in the part of his house gratuitously - Plaintiff had misused the process of law by filing suit for permanent injunction, which is not maintainable in the eye of law - Held, in absence of any valid and subsisting lease or licence or rent..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Dismissal of suit by holding that plaintiff is not in possession and rather it is defendants Nos.2 & 3 who are in possession - Appellate Court affirmed the finding of fact - No ground to interfere in the finding of fact of Courts below - Appeal dismissed...........

Showing : 551-560 of 1871 Results