Showing : 201-210 of 421 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 34, 37, 38-- Declaration and possession - Boundaries given in sale deed not correct - It is not permissible to lay a claim seeking relief of title and recovery of possession on the basis of such sale deed without seeking relief of rectification of boundaries...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 38-- Injunction - Possession claimed under agreement to sell - Simpliciter suit for injunction not maintainable without seeking remedy of specific performance as suit for mere injunction does not lie against the true owner...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Grant of - Factors to be considered - Held, in a suit for injunction it is essential for plaintiff to prove his possession over suit schedule property as on date of filing of suit - Plaintiff is not required to prove title - Scrutiny of title in such a suit is only to see..........
ORISSA HIGH COURT
Year of decision: 2011
Details
Transfer of Property Act, 1882, Section 116, Specific Relief Act, 1963, Section 38, 6-- Tenant-holding over - Claim for injunction restraining eviction - Entitlement to - Tenant continued with possession of leased property of Trust after determination of lease - Also paid rent - Hence he was tenant holding over and not a tenant at sufferance as there was implied consent of Trust..........
DELHI HIGH COURT
Year of decision: 2011
Details
Trade Marks Act, 1999, Section 142, Specific Relief Act, 1963, Section 38-- Infringement of trade mark - Suit for injunction - Held, injunction can be sought not only in a case of actual use but also in a case of threatened use of a trademark - Owner of a trademark is well within his right in coming to Court, for grant of an injunction, the moment he has a genuine..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 37, 38-- Suit for injunction - Co-owner - Cannot seek injunction against another co-owner - Remedy for plaintiff is to file a suit for partition...........
MADHYA PRADESH HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 38-- Coparcenary property - Suit for injunction - Held, coparceners are jointly holding entire house - There cannot be any injunction against them because law is well settled that on every inch of coparcenary property, each coparcener is having equal share and it shall be deemed that possession of one..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 37, 38-- Permanent injunction - Grant of - Plaintiff holds the lease in perpetuity for the property in dispute - Lease was not cancelled - Held, plaintiff is entitled to permanent injunction...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 37, 38-- Permanent injunction - Restraining defendants from cutting and removing trees standing in their land - Standing trees belong to the owner of the land and not to the person by whom these were planted - Trees planted by any person/lessee/tenant belong to landowner on whose land these were planted..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 38, 41(j)-- Injunction - Lease of plot to plaintiff - Restraining defendant from leasing out any portion of plot leased to plaintiff - Plot proposed to be leased out not carved out from the plot on lease with the plaintiff - Plaintiff has no right in respect of any other area other than area leased out to him..........

Showing : 201-210 of 421 Results