Showing : 81-90 of 685 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Res judicata - Previous suit for specific performance and permanent injunction - Suit dismissed and appeal thereagainst pending - Subsequent suit for injunction on basis of same agreement to sell is barred by res judicata - Plaint rejected being barred by res judicata...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file afresh - Formal defect - Suit for declaration and permanent injunction - Plaintiffs claiming themselves to be trustees of temple - They also claiming right to manage temple - Earlier proceedings initiated with third parties were not mentioned in plaint, as..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17-- Abandoning suit against defendant No.5 - Amendment of plaint - Suit for permanent prohibitory injunction - Plaintiff has right to abandon his suit or part of claim against all or any of defendants - Trial Court while allowing application has imposed costs of Rs.500 on plaintiff payable to..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Consolidation of suits - Boundaries specified in both suits i.e suit for partition and suit for permanent injunction not same - Defendants contended that property in subsequent suit is one for which partition is sought in earlier suit for partition - Said fact not denied by plaintiffs - Injunction..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Court Fees Act, 1870, Section 7(iv)(c)-- Court fees - Suit for declaration that Will is illegal null and void with consequential relief of permanent injunction - Court fee is to be paid as payable in a suit for declaration - Impugned order of directing plaintiffs to pay ad valorem Court fees set aside...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration and permanent injunction - Amendment sought to incorporate relief of possession, as plaintiff dispossessed during pendency of suit - Such amendment which is on account of development during pendency of suit, should not normally be declined - Delay of 1..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for possession, mandatory and permanent injunction - In the instant case, plaintiff sought injunction restraining defendants from changing use of land from cremation ground to any other purpose - Factum of cremation ground having been shifted long time back at distance place..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent injunction simpliciter - Suit is maintainable, where plaintiff's title is not in dispute or under a cloud and where there is merely an interference with plaintiff's lawful possession or threat of dispossession...........
DELHI HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 7(1)(f), Hindu Adoptions and Maintenance Act, 1956, Section 18, 20, 23-- Jurisdiction of Family Court - Civil suit for maintenance, permanent and mandatory injunction and for declaration - Plaintiff claiming right over share of her husband only and her claim cannot be independent of or higher than that of her husband - Claim of plaintiff thus, would be of a nature..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6-- Judgment on admission - Suit for declaration and permanent injunction - Suit property mutually partitioned by deed of family settlement between parties - Factum of family settlement not denied by defendants - Plaintiff not claiming an inch of land beyond what has fallen to his share - More so,..........

Showing : 81-90 of 685 Results