Showing : 181-190 of 311 Results

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..........
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..........
JHARKHAND HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34, Criminal Procedure Code, 1973, Section 145-- Declaratory suit - Order passed in a proceeding u/s 145 of CrPC - Effect of - Held, an order passed in a proceeding u/s 145 of Cr.P.C. is not binding on Civil Courts, who has competence and jurisdiction to come to an independent finding on the basis of the material and evidences on record...........
KERALA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34, Transfer of Property Act, 1882, Section 54-- Plaintiff asserted possession on the basis of oral sale - Held, oral sale is not recognized under law - Plaintiff deserves to be non suited even if there is evidence to show that she was in settled possession...........
JHARKHAND HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34-- Declaration suit - Second appeal - According to plaintiffs they had been in continuous peaceful possession of disputed land - Some area of disputed land has been wrongly recorded in the name of defendants - Taking undue advantage of the said erroneous entry, defendants started claiming their right..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 34, Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1974, Section 3(3), 6-- Declaratory suit - Injunction - Grant of - Plaintiff found to be in possession of suit land by both courts below - Held, once he is found to be in possession of suit land, he was entitled to remain in possession till he was evicted by due process of law - Plaintiff is entitled only to relief of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction to restrain defendant from interfering in his possession - Death of defendant during pendency of suit - No pleading that the legal representatives also held threats of dispossession to the plaintiff - Held, relief of permanent injunction cannot be..........
CALCUTTA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34-- Objection regarding maintainability of suit pleading bar of S.34 of Specific Relief Act - Held, such objection cannot furnish ground for rejection of plaint - It cannot be considered without evidence...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34, 37, 38-- Power of Attorney executed by plaintiff in favor of defendant - Power of Attorney cancelled within one day of it being executed and defendant also informed - Despite this defendant alienated property within three days and within six days thereafter the property was further sold - A criminal case..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34-- Declaratory suit - Two sale deeds - Sale deed prior in time prevails - At the time of execution of second sale deed vendor had already divested herself of title to the suit properties - Person purchasing property through subsequent sale deed gets no title - Suit rightly dismissed...........

Showing : 181-190 of 311 Results