Showing : 1-10 of 4251 Results

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
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...........
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-- Permanent injunction - Can be granted only to a person who is in actual possession of property...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Grant of relief of specific performance is discretionary and equitable relief which can be granted considering (a) existence of valid and concluded contract; (b) readiness and willingness of plaintiff and as to whether plaintiff is still ready and willing to perform his part..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Grant of relief of specific performance is discretionary and equitable relief - To avail relief of specific performance, parties need to plead and prove all statutory requirements prescribed under provisions of act and Forms 47/48 of Appendix A to C of CPC - It is only then..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 7-- Moulding of relief - Subsequent event - Whenever there is subsequent events of fact or law, which have a material bearing on rights of parties to relief or on the aspects of moulding appropriate relief to parties, Court is not precluded from taking cognizance of subsequent changes of fact and law..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Ownership-- Proof - To prove ownership documentary evidence of permissions granted by the municipality, property tax assessment papers, tax receipts and extract of the Book of Endowments placed on record - Held, said documents might imply possession but cannot be relied to confer title upon the holder...........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Relief of specific performance not granted - Suit not filed immediately after marking presence before Sub Registrar or few months thereafter and allowed creation of third party rights after two years - Even sale deeds not challenged - Plea that defendants not able to prove..........

Showing : 1-10 of 4251 Results