Showing : 551-560 of 2000 Results

MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Suit for permanent injunction filed when it was open for plaintiff to file suit for specific performance - At the later stage on the same cause of action plaintiff seeking leave to file a comprehensive suit of specific performance - When main relief should be for seeking specific performance of..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Both parties claiming possession - Both parties filed suits and obtained injunction - Primary duty of Court is to protect subject matter of lis with existing status quo as on date of suit - Court can impose terms - Court taking over possession as a custodia legis, entrusted..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought claiming alternative relief of recovery of possession - Proposed amendment will completely contradict plea of plaintiff that he has been in continuous possession and enjoyment of suit property since 1976 -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought claiming alternative relief of recovery of possession - Plaintiff contended that he is in continuous possession of suit property since 1976 but failed to mention the date of dispossession - In such circumstance,..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Restraining defendants from interfering in peaceful possession of plaintiff - Suit land belonged to Gram Panchayat and not to private defendants, which fact is not even denied and disputed by defendants - Title in form of `Pattas' were issued in favour of plaintiffs - Said..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Suit for specific performance - Material terms and conditions of contract not concluded and recorded between parties - No prima facie case in favour of plaintiff - Moreover, in this case Court may not be able to grant any prayer for specific performance as such no interim..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Limitation - Suit for partition, declaration & permanent injunction - Plaintiff at his own willingness has transferred entire rights in the name of defendant No.1 by executing relinquishment deed - Plaintiff had full knowledge about purchase of property by defendant Nos.5 to..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13B-- Eviction petition - NRI landlord - Leave to defend - Tenant challenging bonafide requirement of landlord stating that till date three eviction petitions filed by erstwhile owner and by landlord were dismissed - Tenant deposited rent which he was unable to pay to landlord as he was not present in..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 38, 39-- Injunction - Tenant seeking restraint order against landlord from forcibly dispossessing - Plea of landlord of vacating the premises and handing over possession - Possession taken by landlord by breaking open locks and tenant lodged a police complaint for committing the offence of criminal..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Injunction suit - Advocate commissioner cannot be appointed at the threshold for gathering evidence - Only in cases where there is a serious dispute regarding identity of property or boundaries thereof, an advocate commissioner can be appointed in injunction suit...........

Showing : 551-560 of 2000 Results