Showing : 571-580 of 2022 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Appointment in a suit for injunction - There is no absolute bar on appointment of Commissioner in a suit for injunction particularly when application is filed in order to note down the physical features of suit property...........
MADHYA PRADESH HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration & injunction - Maintainability - Plaintiff sought declaration that she is entitled to insurance amount of deceased `S' being his widow - Officers of LIC and MPEB being necessary party not implead in suit, which made the relief sought by plaintiff as futile in nature - Plea of..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151-- Police help - Implementation of injunction order - Police help can be granted in deserving and appropriate cases u/s 151 of the Code - Filing of a suit for declaration and injunction by defendants, in the absence of any order therein, cannot be a ground for denying any relief in favour of..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction - Subsequent suit for specific performance - Cause of action in two suits different as suit for specific performance could not have been instituted on the basis of cause of action of the first suit - Secondly, merely..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction - Subsequent suit for specific performance - Cause of action for filing suit for permanent injunction based on threat to dispossess - Cause of action to file suit for specific performance based on non performance of..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction - Subsequent suit for specific performance - Suit for injunction filed because of imminent threat from defendant of dispossession from the suit property - Cause of action to file suit for specific performance arose during..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Protection of Women From Domestic Violence Act, 2005, Section 17, 2(a)-- Shared household - House exclusively owned by father-i, law - Daughter-i, law has no right to live in the house of her father-i, law as the suit property cannot be held to be shared household - Daughter-i, law does not have any protection u/s 17 of Act - Court committed no error by passing ad..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for permanent injunction - Relief of specific performance sought by way of amendment of plaint - Principles governing applicability of S.17 of Specific Relief Act and Art.54 of Limitation Act not considered by Court - Moreover, respondents failed to demonstrate the..........
KERALA HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Possession - It is necessary for plaintiff to prove that property has well defined physical boundaries and thus it can be identified from adjoining properties - Property has to be identified not on the basis of survey plan but on physical boundaries like wall, fence, row of..........
KERALA HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - It is possession of plaintiff which matters and not that defendant is not in possession of suit property - Even if it is proved that defendants are not in possession of property in dispute, plaintiffs will not get a decree unless they prove their possession...........

Showing : 571-580 of 2022 Results