Showing : 1-10 of 577 Results

ORISSA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Simple suit for permanent injunction without seeking declaration of title is not maintainable, when plaintiff's title is in cloud of suspicion...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent injunction - Possession - Plaintiff must show his lawful possession - Plaintiff not paid rent for more than fifteen years cannot be said his possession is lawful possession entitling him to grant of permanent injunction...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38, Evidence Act, 1872, Section 101, 102-- Suit for permanent injunction - Burden of proof lies on plaintiff to prove that he was in actual and physical possession of property on the date of suit...........
ORISSA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Mere suit for permanent injunction without declaration of title over suit land is not maintainable where a cloud is raised over plaintiff's title and he is not in possession over suit land...........
MADRAS HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Plaintiff proved to be in possession of property - However, bother-in-law of father of plaintiff is trustee of property and he would be entitled to administer the property as per last wishes of father of plaintiff - Plaintiff thus, has no interest in..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for permanent injunction and recovery of possession - Part of suit property alienated to wife of defendant - Interevenor is thus a necessary party to suit - Application allowed...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Easements Act, 1882, Section 18-- Customary easement - Defendants claimed customary easement of pathway on suit property - First appellate Court failed to draw distinction between customary rights and easement - Merely because First appellate Court failed to draw distinction between customary rights and easement, suit of plaintiff..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration of ownership and permanent injunction - Plaintiffs unable to furnish necessary documentary and oral evidence to prove their claim - Defendant on the other hand put the earlier order involving same property in which is it was held that suit property is related to temple and..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34-- Rejection of plaint - Suit for declaration and permanent injunction that sale deed executed by defendant Nos.1 to 6 in favour of defendant No.7 is not binding on plaintiff and restraining defendants from alienating or encumbering or creating third party rights - Plaintiff in possession on the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - At the time of filing suit for permanent injunction, plaintiff knew that defendant has refused to honour agreement to sell and inspite of accrual of cause of action for filing suit for specific performance plaintiff did not include the relief of..........

Showing : 1-10 of 577 Results