Showing : 641-650 of 1904 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Commissioner - Inspection of land - Suit for perpetual injunction - Averment by plaintiffs that `cattle pen' (Aavadu Dhoddi) exists on suit land - Defendants contradicted said plea by filing counter affidavit - Held, appointment of Advocate Commissioner is necessary to note physical..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Due diligence - Suit for mandatory injunction seeking direction to defendants to settle accounts and make payment accordingly for work executed by plaintiff - It was always open to defendants to take preliminary objection on basis of cl.46.0 of tender in written..........
MADRAS HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution of decree - Suit for declaration and permanent injunction - Compromise decree - Execution petition filed by decree holder U.O.21.R.32 alleging that judgment debtor willfully disobeyed terms of compromise and Court orders - No specific averments made to show violation of compromise decree..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Ground of res judicata - Suit for declaration of title and perpetual injunction - Defendant sought rejection of plaint on ground of res judicata as the question of title to suit property was decided in an earlier suit - Apart from res judicata not being a ground for rejection..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 37, 38, 34-- Suit for permanent injunction - Scramble for possession as well as scramble for title - Proper remedy is to file a suit for declaration even if plaintiff was in possession of suit property on the date of filing of suit - First appellate Court giving three months time to plaintiff to file a..........
DELHI HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Restraining defendant from obstructing plaintiff from accessing the first floor - First floor was not in use on the date of institution of suit - No case for grant of interim mandatory relief made out...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Co-sharers - Restraining defendants from interfering in the possession of plaintiff - Without a suit for partition, injunction cannot be granted against a co-owner...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for permanent injunction - Amendment sought to incorporate relief of specific performance - Amendment allowed...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for specific performance - Possession delivered subsequent to the execution of agreement to sell - If agreement to sell had been executed through registered document then subsequent delivery of possession can also take place through registered document - Absolutely no..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Suit for specific performance - Triable issues involved in the suit - Held, it would be in the interest of justice if defendants are restrained from transferring or selling the property in question pending the suit...........

Showing : 641-650 of 1904 Results