Showing : 11-20 of 51 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Arbitration and Conciliation Act, 1996, Section 45-- Arbitration agreement - Suit for declaration and permanent injunction - Once it is found that agreement in question is a legal and valid agreement, which is capable of being performed by parties to suit, Court has no discretion but to pass an order by referring the parties to arbitration in terms..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 37, 38-- Permanent Prohibitory injunction - Restraining defendants not to encroach or raise any sort of construction over vacant portion of suit property - Plaintiff proved that he was owner-i, possession of suit land, as he purchased the land from father of defendants on the basis of registered sale deed..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Suit for possession -- Earlier suit of plaintiff for permanent prohibitory injunction was dismissed reserving right to plaintiff to recover possession in accordance with law as defendants found to be unauthorized possession - Plaintiff thus, filed a suit for possession - Defendant did not file any counterclaim or..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Limitation - Suit for partition, declaration & permanent injunction - Plaintiff at his own willingness has transferred entire rights in the name of defendant No.1 by executing relinquishment deed - Plaintiff had full knowledge about purchase of property by defendant Nos.5 to..........
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..........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Permanent injunction - Trial Court dismissed suit for bare injunction on premise that cause of action did not survive on death of defendants without recording finding on fact of plaintiff's possession of suit schedule property - Lower appellate Court dismissed appeal filed by..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1,2-- Temporary injunction - Suit for permanent injunction itself not maintainable - Held, application for temporary injunction also not maintainable and is liable to dismissed on that ground alone...........
GUJARAT HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Demolition of property by purchaser - Tenant filing civil suit for permanent injunction - Suit rightly filed in civil court - Compromise between parties that tenant would deliver vacant possession of shop and he would be allotted newly constructed shop - Decree drawn accordingly - New premises not..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title - Consequential relief of permanent injunction and alternative relief of decree for possession claimed - Suit cannot be dismissed on the ground that simpliciter suit for declaration without claiming relief of possession is not maintainable...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 41, Rule 24, 5-- Suit for declaration and permanent injunction - Suit dismissed - Appellate court remitted the case back to the trial court on the ground that trial court decided issue No.1 in six lines and issue No.6 in just nine lines - Held, if there is a sufficient evidence on record, then it was for the first..........

Showing : 11-20 of 51 Results