Showing : 1-10 of 25 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Suits Valuation Act, 1887-- Suit filed for mandatory injunction claiming possession in the alternative - Plea that suit for possession without seeking declaration of title is not maintainable - Once relief of possession is sought, declaration is implicit...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - Revocation of licence - Seeking vacant possession of house - Plaintiff purchased 3-3/4 share out of 7 Marlas of land - Plaintiff thus became co-sharer - Remedy for him is to seek separate possession by way of partition - Till then he cannot seek ejectment of defendant by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 39, 38-- Revocation of licence - Suit for mandatory injunction and in the alternative for possession and for permanent injunction restraining appellant from applying for an electric connection to the Electricity Department in his name - Parties to the suit are closely related and record reveals that in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Two civil suits i.e suit for permanent injunction and suit for mandatory injunction were filed on same cause of action - Though earlier suit was withdrawn, whereas, no liberty was sought to file fresh suit - Application U.O.23.R.1 CPC was filed thereafter, but withdrawn..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 39-- Suit for declaration and mandatory injunction - Auction - Highest bid - Bid never accepted by concerned authorities - There was no concluded contract - Merely on the granting the declaration that rejection was illegal and arbitrary and by incompetent authority, further relief of mandatory..........
DELHI HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - Son along with his wife and child living in the property as licensee - Father does not want them to continue any more in the house - Held, suit for mandatory injunction is maintainable - It is not necessary that he must file suit for possession...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 39-- Suit for mandatory injunction - Sale of property by attorney - Non payment of sale consideration to the principal - Agreement executed between attorney and principal, outside Court, for return of money - Suit for mandatory injunction to enforce the compromise agreement is maintainable - Court has..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Easement Act, 1882, Section 52, Court Fees Act, 1870, Section 7(v)-- Licence - Termination - Suit for mandatory injunction for possession - Suit is maintainable if filed within a reasonable time of termination of licence and if suit is not filed within a reasonable time and is filed with unnecessary delay then suit for possession has to be filed and court fees..........
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..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 39-- Suit for mandatory injunction - Not maintainable without seeking relief of declaration when right of plaintiff to property on which construction sought to be removed is raised and disputed by defendant...........

Showing : 1-10 of 25 Results