Showing : 1-10 of 4312 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of ownership on the basis of sale deed - It is always open for the defendant, who is stranger to the Sale Deed, to raise a plea that either the Sale Deed is not binding to him or the same was without consideration or it was a nominal Sale Deed or void or fictitious, for that..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Injunction - Co-sharer - Plaintiff not entitled to injunction against other co-sharers even assuming that he is in possession - Possession of one co-sharer is possession of all co-sharers - It cannot be adverse to them, unless there is denial of their right to their knowledge by the person in..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34, 37-- Suit for declaration, damages and injunction filed in High Court on its original side - Leave to file suit granted - Revocation of leave sought on the ground that High Court at Calcutta has no territorial jurisdiction - Revocation of leave - Such question cannot be considered on the basis of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d)-- Medical negligence - No infirmity in finding as to medical negligence - Grant of Rs.Two lakhs compensation and Rs.2.93 lakhs ex gratia amount by State Commission - National Commission enhanced compensation to the tune of Rs.two lakhs - Right arm has to be amputated of appellant aged 45 years -..........
KERALA HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13-- Petition under the Act can be filed on any one of the statutory grounds even when cause of action on various grounds is available - Ground being within the absolute wisdom of the parties, he or she is not bound to explain the reason for his choice to anyone including the matrimonial Court - If he..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Readiness and willingness - Failure on the part of plaintiffs in not paying monthly instalments, not collecting rent from tenant living in suit property, not paying house tax etc., not taking action for eviction of tenant, shows that they were not ready and willing to..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for mere declaration and possession - Without seeking prayer for setting aside sale deeds in question not maintainable, where sale deeds in question were executed by father on himself or on behalf of his minor son without obtaining permission of Court, as alienation is voidable at the..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Readiness and willingness - Pleading and proof - Not even a remote suggestion in plaint averments that plaintiff had performed or has always been ready and willing to perform his part of the contract - Testimony of plaintiff lacking in material assertions of readiness and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction - Question of title - Suit for injunction in which issue with regard to determination of title is framed cannot be decided without deciding issues of title...........
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...........

Showing : 1-10 of 4312 Results