Showing : 611-620 of 2022 Results

ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3-- Ex parte ad interim injunction - Suit for partition - Defendants were negotiating to sell the property in dispute and change the nature of land by raising construction - There was an urgency in the matter as nature of property in suit is required to be maintained - In case any construction is..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 38-- Injunction - Plaintiff staked his claim only on the basis of patta but the original patta was not on record & copy thereof was filed which was not approved by Collector - Plaintiff himself admitted possession of defendants - Possession of plaintiff doubtful - Suit for injunction dismissed...........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2(3)-- Bar of O.2.R.2 CPC - Suit for specific performance - Suit filed during pendency of previous suit filed for permanent injunction - Withdrawal of suit for permanent injunction - Same cause of action in both the suits - Held, suit for specific performance is barred U.O.2.R.2 CPC - All reliefs whether..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Tenant apprehending dispossession at the hands of defendant filed suit for prohibitory injunction - Defendant contended that property in dispute had already been sold off to another person - Held, on mere transfer of title, it could not be said that cause of action to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 39-- Mandatory Injunction - Plea that after termination of license defendant is in unauthorized occupation and liable to hand over vacant possession - Defendant denied title, right or interest of the plaintiff in the suit property - No document of title to prove ownership of plaintiff - Held, suit for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Co-sharers - Exclusive possession - In absence of documentary evidence, oral evidence regarding exclusive possession is not acceptable especially when suit property was inherited by plaintiff, defendant and other co-sharers equally after the death of their father -..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 23-- Suit for declaration of title and recovery of possession - High Court upheld title but failed to decide other reliefs - Matter remitted to trial Court for fresh adjudication with regard to reliefs of recovery of possession and permanent injunction only...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - In a suit for injunction though the issue is confined to possessory aspect but if right to possession of property cannot be decided without deciding title to property and if such issue is decided in favour of party though not formally framed, it would operate as res judicata in a..........
KERALA HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 39, Easement Act, 1882, Section 52-- Mandatory injunction - Licensee - Suit for mandatory injunction for vacation of property is maintainable if suit is filed with promptitude and within a reasonable time after termination of licence or permissive occupation...........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2-- Rejection of plaint - Suit for specific performance - Earlier suit for injunction filed - Permission sought to withdraw suit with liberty to file suit for specific performance - Court in its order allowed withdrawal of suit without granting liberty to institute suit for specific performance -..........

Showing : 611-620 of 2022 Results