Showing : 81-90 of 577 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 37, 38-- Permanent injunction - Restraining defendant from dispossessing plaintiff from suit land - Plaintiff`s predecessor-i, title granted patta in relation to suit land on payment thus, prima facie case is in favour of plaintiff - Since possession of suit property is with plaintiff other two ingredients..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for declaration and permanent injunction against State - Non-compliance of provisions of S.304(1) of Rajasthan Municipalities Act, as two months prior notice before institution of suit was not served upon Municipality - However, objection regarding no, compliance of said..........
MEGHALAYA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Earlier suit for declaration and permanent injunction was filed by tenant - Landlord subsequently filed suit for eviction against tenant - Cause of action in earlier suit cannot be said to be directly and substantially involved in subsequent suit for eviction - Subsequent..........
MEGHALAYA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Tenant filed suit on the apprehension that landlord attempting to deny his right as a tenant and was threatening to dispossess him without following due process of law - However, subsequently landlord filed suit for eviction - Neither apprehension of..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleadment of a party - Suit for specific performance and permanent injunction - Plaintiff entered into development agreement with defendant along with other joint owners - There was family settlement cum partition deed between co-owners of property which includes defendant and proposed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration, possession and for permanent injunction - Amendment sought to incorporate additional prayer of possession by partition and recovery of mesne profits - Proposed amendment if allowed would change the nature of suit, which is not permissible in law -..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for recovery of possession and permanent injunction - Rejection of plaint sought on the ground that plaintiff has not sought relief of declaration of title to property - However, from the averments in the plaint, title claimed by plaintiff is not in dispute - It was..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Suit for permanent injunction - Sale deed executed by predecessor of plaintiff in favour of third party sought by way of additional evidence by defendant - Plaintiffs are claiming right in disputed property through their predecessor and defendants are..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for permanent and mandatory injunction and possession - Relief of declaration is sought by way of amendment - Plaintiff pleaded in plaint that defendant has no right, title and interest and there is effort to encroach upon certain portion of land owned by plaintiff -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for permanent and mandatory injunction and possession - Amendment sought to add certain facts which were necessary for adjudication of dispute between parties - Such amendment will not change nature of suit - Property in suit will also remain the same - Plaintiff only..........

Showing : 81-90 of 577 Results