Showing : 591-600 of 1889 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Injunction -- Possession - Lease - Property had been under management of Gram Panchayat and it had been leasing it out on various years - Jamabandies for two years prior to institution of suit have contained name of plaintiff as being in possession of property - However, there is no subsisting lease - There..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Injunction -- Title - Held, plaintiff is making claim with reference to suit property under a document which has dealt with only suit property and therefore, plaintiff's title to property has been established - Discrepancy with regard to southern boundary could be explained by fact that even apart from..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Suit for mandatory injunction directing defendant to execute sale deed after receiving Rs.1,45,83,33/- - Held, since this obligation came through an earlier decree, plaintiff's contention that it was not a specific enforcement of an agreement of sale is fallacious - Right which Court was granting..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim injunction - Grant of - Validity - Plaintiffs filed suit on basis of intestate succession from their father in whose favour there is a registered document of transfer by grand mother - Defendant's contention that his mother was only defendant's benamidar and he alone paid consideration for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Suit for injunction - Allowed to be amended seeking relief of specific performance - Suit not barred by O.2.R.2 CPC - O.2.R.2 operates to a subsequent suit which seeks for a particular relief that must have been taken in the previous suit itself - If the suit were to contain one relief and yet..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - No injunction can be granted against true owner - Plaintiff failed to prove agreement to sell as there was no privity of contract between plaintiff and owner of property - Plaintiff has no legal right or title over suit property - Since suit property is sold to defendant..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 115-- Principle of acquiescence - If suit is filed for recovery of possession and there is claim of ancillary relief, a mandatory injunction for removal, then acquiescence cannot come in the way - But where plaintiff does not ask for mandatory injunction directing defendant to demolish construction,..........
GUJARAT HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 16-- Temporary injunction - Suit for specific performance - Time essence of contract - From the date of agreement to till the date of suit, plaintiff/purchaser sat quiet without taking any steps to perform his part of contract under the agreement though agreement specified period of four months within..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Previous suit filed for injunction claiming to be in possession under the mortgage and suit was dismissed on the ground that mortgage was not true - Second suit filed for specific performance where one of the items of consideration is the mortgage itself - Held, finding regarding..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Question of title was directly and substantially in issue, for grant of injunction, in previous suit - Decision therein bars the defendants from agitating the question of title...........

Showing : 591-600 of 1889 Results