Showing : 291-300 of 662 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Grant of - Factors to be considered - Held, in a suit for injunction it is essential for plaintiff to prove his possession over suit schedule property as on date of filing of suit - Plaintiff is not required to prove title - Scrutiny of title in such a suit is only to see..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit with liberty to file a fresh suit on the same cause of action - Suit for mere declaration filed without seeking further relief of possession - Suit was likely to be dismissed as plaintiff was not in possession - Prayer cannot be declined on the ground that relief of possession..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 19-- Allocation of land - Delivery of possession - Jurisdiction of civil Court - Held, According to S.19 if land is allotted to an allottee then authorities under the Act could place allottee in possession - But S.19 does not create a bar that when allotment has been made and plaintiff did not receive..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Permissibility - Plaintiff sought inclusion of properties of her father-i, law by way of amendment of pleadings in partition suit - Husband of plaintiff was not added as party defendant to partition suit - Held, such amendment not permissible - It was open for plaintiff to..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 63, 65(a), 66, Civil Procedure Code, 1908, Order 7, Rule 14-- Secondary evidence - Documents in question had been issued by opposite party and addressed to petitioner - Originals thereof, thus, cannot be in possession of opposite party - Neither has it been shown nor does it appear that originals are in possession or power of opposite party - It is also not..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 144-- Simple suit for partition - Witnesses have stated that plaintiff was in possession - There is neither any pleading of ouster nor there is any evidence in support of the ouster - Held, right to sue for partition is recurring right - No limitation is applicable nor cause of action will cease after..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Applicability - In earlier suit, dispute was only regarding obstruction by making construction of wall by defendant on the drain - Parties were not fighting with regard to their title and possession with respect to any property - Nor there is any finding nor any issue was framed in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 100-- Declaratory suit - Plea of adverse possession by plaintiff - Maintainability of suit - Held, in absence of any statutory/recognition/provisions, authorizing plaintiffs to claim ownership by way of adverse possession, plea of adverse possession cannot possibly be used as a sword (weapon of attack)..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Police aid - Temporary injunction will become ineffective if police aid not granted as it is not possible for plaintiff to protect his possession - Order granting police aid does not suffer from any illegality or irregularity and the same is in accordance with law...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Plaintiff not in possession is not entitled to the relief without claiming recovery of possession...........

Showing : 291-300 of 662 Results