Showing : 591-600 of 1924 Results

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..........
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..........
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...........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for possession, recovery of damages, mesne profits and injunction - Plaintiff seeks to amend the plaint to add averments challenging the documents and conveyance deed executed by DDA in favour of defendants - Amendments sought are necessary for purpose of determining..........
KARNATAKA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 26, Rule 9-- Additional evidence at appellate stage - Appointment of commissioner - Suit for declaration & permanent injunction - Plaintiff failed to prove the identity of property by not furnishing the sketches forming part of Ex p1 to p3 (grant certificates) - Lower appellate court dismissed the suit..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 39-- Mandatory Injunction - Lease deed - Prayer made in suit for mandatory injunction could not be said to be a collateral purpose by any stretch of imagination, particularly against defendant No.2 who was not even a party to lease deed & had no obligation towards plaintiff - Therefore, no injunction..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - At appellate stage - Suit for injunction - Title of plaintiff to suit property denied by defendant - Filing of an application for amendment of plaint seeking declaration of title in appeal - Allowing such application by appellate Court is not justified...........
GUJARAT HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Police protection - Ad interim injunction granted - Police protection granted by trial Court but upset by Appellate Court on the ground that suit property is not identified by specific measurement - However, there are specific measurements and suit property is duly identified in the pleadings -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - A standing tree belongs not to the person by whom it was planted but to the owner of land from which it draws its support and sustenance - In the instant case, suit land is admittedly joint between parties, and therefore, defendants, who are cutting poplar trees standing on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52-- License - Self acquired property - Son and daughter-i, law allowed to reside in the house and such right is that of a licensee - License is terminable at the will of licensor - Notice issued whereby license terminated - Decree passed in suit for mandatory injunction to hand over vacant possession..........

Showing : 591-600 of 1924 Results