Showing : 201-210 of 458 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 38-- Perpetual injunction - Without seeking relief of specific performance - Maintainability - Where plaintiff proves that there was delivery of possession and he continued to be in possession of property or has done something in furtherance of said agreement, suit for injunction may be maintainable -..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - No injunction can be granted against true owner - Plaintiff failed to prove agreement to sell as there was no privity of contract between plaintiff and owner of property - Plaintiff has no legal right or title over suit property - Since suit property is sold to defendant..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction in a suit for specific performance - It is in the nature of equitable remedy - Injunctive relief not to be granted merely because a prima facie case is made out - Appellants failed to fulfill their obligation under the agreement - Balance of convenience is against the grant of relief -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Injunction - Co-owners - Injunction against other co-owners - Can be granted only when one co-sharer is in possession of a particular portion of property with common consent of all persons and not when one co-owner is in possession over a particular portion of property free of obstruction...........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Appellant is in possession of suit plot - Held, appellant cannot be dispossessed except in accordance with law...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 37, 38, 34-- Suit for permanent injunction - Scramble for possession as well as scramble for title - Proper remedy is to file a suit for declaration even if plaintiff was in possession of suit property on the date of filing of suit - First appellate Court giving three months time to plaintiff to file a..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 38-- Injunction - Restraining alienation - Such a relief is not available in a simpliciter suit for injunction - Such prayer is generally made in a suit for specific performance of an agreement...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Obstruction of passage - Grant of - Parties recorded as joint owners of suit land - Enjoying separate and exclusive possession over their shares of land by mutual agreement - By constructing shutter on passage defendant obstructed path leading to plaintiff's house -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 37, 38-- Prohibitory injunction - Claim based on easementary right - Relief of prohibitory injunction is not available without seeking relief of declaration that he has got such a right and unless such right is established and declared...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 37, 38, 39-- Prohibitory and mandatory injunction - User of vacant plot for sake of convenience - Easementary right is not created over the vacant portion - Plaintiff not entitled to injunction...........

Showing : 201-210 of 458 Results