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Results of rights of plaintiff

Showing : 61-70 of 303 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-payment of ad valorem court fee - Suit for declaration - In a suit for declaration that civil court decree is illegal and is not binding upon rights of plaintiff, cloud on title is sought to be removed by way of declaration - Plaintiff not claiming possession - Plaint not liable to be rejected on..........

ORISSA HIGH COURT

Year of decision: 2016
Details

Hindu Succession Act, 1956, Section 6, 23 -- (as per 2005 amendment) - Co-parcenary rights of daughter - Suit for partition of undivided dwelling house - S.6 confers rights on daughters irrespective of when they are born - Omission of s.23 from 1956 Act confers right on Class-I female heir to claim partition in dwelling house without any eventualities - Hence, plaintiff..........

PATNA HIGH COURT

Year of decision: 2016
Details

Partition -- Parties residing separately since more than 70 years, mess is separate, residence is separate, properties are acquired separately - Even, parties are recorded separately in revenue records of rights - Moreover, presumption of jointness in favour of plaintiff is very weak as he is 4th generation from the founder, who himself admitted separation between the five..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Limitation Act, 1963, Article 55 -- Limitation - Hire purchase agreement - Breach in payment of instalments - Suit for recovery - Limitation starts to run when default in payment of instalments was committed as terms of agreement clearly indicate that on committing breach of terms and conditions of the agreement rights shall accrue to the plaintiff to sue for balance..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Limitation Act, 1963, Article 55 -- Limitation - Hire purchase agreement - Breach in payment of instalments - Suit for recovery - Limitation starts to run when default in payment of instalments was committed as terms of agreement clearly indicate that on committing breach of terms and conditions of the agreement rights shall accrue to the plaintiff to sue for balance..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - Plaintiff executed the registered power of attorney (GPA) of his property in favour of defendant No.1 - Defendant No.1 executed sale deed of suit property in favour of defendant Nos. 2, 3 & 4 - Said GPA in favour of defendant No.1 was never cancelled till now - Sale deed executed in favour of defendant..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Restraining defendants from constructing over newly craved out plots - Plaintiffs contended that light, air and approach to her plot from both the sides will be obstructed if said construction is made out - However, prima facie no case is made out that plaintiff is enjoying such rights by way of..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 104 -- Conferment of proprietary rights - Proprietary rights qua suit land exclusively conferred upon defendant No.1 u/s 104(3) of Act on basis of affidavit filed by plaintiff in which he admits that he was not tenant with defendant No.1 - However, said right was obtained on illegal order passed by authority..........

HYDERABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Transferee pendente lite despite order of injunction - Transfer of suit property pendente lite is not void ab initio and purchaser takes the bargain subject to the rights of plaintiff in the pending suit - Transferee pendente lite can be added as a party to the suit lest transferee suffered prejudice on..........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Partition suit - Plaint does not disclose the cause of action as required by law - Plaintiff claims that two suit properties were purchased out of ancestral properties - However, plaintiff failed to plead and give the necessary particulars and a cause of action as to what and where these properties were - Moreover,..........

Showing : 61-70 of 303 Results