Showing : 61-70 of 134 Results

DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaintiff has set up their case seeking possession of suit premises from the tenant as also for recovery of damages, mesne profits etc. - Plea regarding agreement being non registered cannot be the ground for rejection of plaint outrightly - Effect of non registration of the..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1,2-- Injunction - Safeguards - (i) Safe and better course is to give a short notice on injunction application and pass an appropriate order after hearing both the sides; (ii) in case of grave urgency, if it becomes imperative to grant an ex parte ad interim injunction, it should be granted for a..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Hindu Succession Act, 1956, Section 6-- (As amended) Partition - Mesne profits - In absence of any pleadings and proof and in absence of any enabling legal provision to award mesne profits in a suit for partition, plaintiff is not entitled to mesne profits or maintenance...........
DELHI HIGH COURT
Year of decision: 2011
Details
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23-- Suit for possession - Mesne profits - Court has discretion to award mesne profits to the successful plaintiff or to leave the plaintiff to have recourse to an independent suit for that relief - In case Court feels inclined to award mesne profits to successful plaintiff in suit for possession..........
DELHI HIGH COURT
Year of decision: 2011
Details
Transfer of Property Act, 1882, Section 106, Civil Procedure Code, 1908, Order 7, Rule 7-- Quite notice - Found invalid - Service of summons of the suit for eviction of tenant showing categorical intention of the landlord asking tenant to vacate the tenanted premises can be taken as notice - Starting date for calculation of mesne profits in both the eventualities will be different - In..........
MADHYA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 20, Rule 21-- Mesne profits - Grant of - Plaintiffs/appellants did not make any averments regarding factum of entitlement of mesne profit to appellants - Further, relief clause in plaint also does not contain any prayer for mesne profits - Held, since plaint is bereft of any pleadings in respect of mesne..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Rent & Eviction-- Eviction order - Tenant liable to pay mesne profits for use and occupation of the premises from the date of decree of eviction - Mesne profits is payable at the same rate at which landlord would have been able to let out the premises on being vacated by the tenant - While determining the quantum..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 20, Rule 12-- Mesne profits - Plaintiff did not plead or pray for inquiry of mesne profits - Trial Court directed enquiry in respect of mesne profits - Held, in the absence of any pleadings or prayer in suit, enquiry for mesne profits should not have been directed by Court - Order passed by trial Court quashed..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13-- Eviction - Mesne profits - Mesne profits of demised premises assessed @ Rs.4000/- p.m. by appellate authority - Landlord claiming that mesne profits assessed are on lower side on ground that in vicinity of demised property a bank is giving Rs.17,250/- as rent - Held, landlord of said building has..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 36-- Allocation of land - Delivery of possession - Jurisdiction of civil Court - - Held, from bare perusal of S.36 of the Act it transpires that the Act was enacted for putting displaced persons in possession of land out of common pool and this Section creates a bar over jurisdiction of civil Court qua..........

Showing : 61-70 of 134 Results