Showing : 101-110 of 309 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34, Land Acquisition Act, 1894-- Suit for declaration of title - Procedural irregularity - Plea of no, compliance of procedure having no effect on merits of case and is of no consequence in facts and circumstance of the case - Since appellants failed to implead themselves before Special Court even when fact of pendency of case..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Plaintiff claiming only successor-i, interest of suit property left by Transgender/deceased - She being transgender proved that deceased was her chela - Suit property would thus devolve upon plaintiff on the basis of Guru-chela custom - Suit decreed in favour of plaintiff...........
GAUHATI HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title on the basis of adverse possession - Not maintainable...........
GAUHATI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 80, Specific Relief Act, 1963, Section 34-- Suit against government - Suit for declaration of possessory right and for recovery of possession - No evidence on record that plaintiff is a landholder or settlement holder in respect of suit land or he was in possession thereof or that in any point of time he was dispossessed by defendants -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34-- Suit claiming joint ownership on basis of natural succession - Inheritance never remains in abeyance - Plaintiffs deemed to be in possession of every inch of joint land - Plea of defendant that suit filed by plaintiffs is barred by limitation for their failure to challenge mutation within period..........
GAUHATI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 15, Specific Relief Act, 1963, Section 34-- Suit for injunction - Railway authorities claiming suit land issued notice to plaintiff under 1971 Act - However, plaintiff instead of taking recourse of appropriate provision of law has instituted suit by merely praying for decree of possessory right without any prayer for consequential relief -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration seeking declaration/joint possession on the plea that property at the hands of father is co-parcenary and ancestral in nature - Excerpt or pedigree table not brought on record - Person being fourth generation in lineage can assert right by birth - Three generation preceding to..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title and recovery of possession - Plaintiff proved his title over suit property on the basis of registered gift deed - Defendant did not disputed the gift deed in favour of plaintiff - However, defendant alleges an oral sale deed before said gift deed in favour of..........
ORISSA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34, 37, 38-- Common passage - Suit for declaration - Local Commissioner in his report proved the existence of common passage and also that there is no other passage than the said common passage which is available to plaintiff to approach public road - Said report is corroborated by defendant Nos.3 to 6 as they..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction for setting aside judgment and decree declaring defendant as owner of suit property - Limitation - Once there is an admission in cross examination with regard to execution of sale deed in the year 1981 in favour of defendants, yet there is no challenge..........

Showing : 101-110 of 309 Results