Showing : 171-180 of 309 Results

KARNATAKA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 34, Specific Relief Act, 1963, Section 16-- Suit for specific performance - Interest - Effective date of payment - Trail Court having held that plaintiff is not entitled to relief of specific performance has ordered refund of Rs.9,55,000/- with interest at 6% p.a. from the date of suit till the date of realization - Held, interest ought to..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 38, 34, Civil Procedure Code, 1908, Order 14, Rule 1-- Suit for permanent injunction - Issue regarding title not framed - On the basis of pleadings of defendant in his written statement issue was framed that as to whether plaintiff is owner in possession of suit land - No challenge was made to the validity of sale deed in favour of plaintiff executed..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 11, Specific Relief Act, 1963, Section 34, 5-- Ownership - Res judicata - By order of Land Tribunal dated 27.11.1976, right of defendant No.4 had been recognized as a tenant in respect of land in question - He was declared to be a tenant and he got right in respect of suit land - Said order has already become final - Defendant No.4 executed a..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title - Consequential relief of permanent injunction and alternative relief of decree for possession claimed - Suit cannot be dismissed on the ground that simpliciter suit for declaration without claiming relief of possession is not maintainable...........
MADHYA PRADESH HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 34-- Declaratory suit simplicitor - Maintainability - Defendants are in possession by themselves and through their tenants - Suit for declaration of title of property without further relief of possession - Held, suit is hit by proviso to S.34 of the Specific Relief Act, 1963 and is not maintainable...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34, 37, 31-- Suit for declaration of title and injunction - Relief for cancellation of sale deed alleged to have been obtained by fraud and coercion not sought - Suit for declaration is more exhaustive to determine the title or validity of transaction - When relief of declaration of title is granted, it is in..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34-- Declaration - Provision of S.34 of the Act is not exhaustive - Courts power to exercise discretion in granting a declaratory decree is wide...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34, 31-- Suit for declaration of title without seeking relief of setting aside sale deed alleged to be the result of fraud and coercion - Plaintiff claimed himself to be a weak intellect and not worldly wise - Not believable as he acquired properties, sell them and manages of his own accord and lends money..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Sale deed executed and possession delivered in execution of decree for specific performance - Pendente lite transfer of property during pendency of execution proceedings - Plea of bona fide purchase for valuable consideration without knowledge of alleged defect in title and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Plea that further relief of possession not sought - Plea that it was only symbolic possession which was delivered in execution of decree for specific performance - Held, even symbolic possession amounts to delivery of possession - Even in the sale deed executed in pursuance..........

Showing : 171-180 of 309 Results