Showing : 221-230 of 463 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 37, 38-- Prohibitory injunction - Ownership and possession - Oral evidence is not sufficient to prove - House of plaintiff on one side of road and disputed plot on the other side of road - Disputed plot surrounded by land of defendant and his brothers - Location itself suggests possession of defendant -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 34, 37, 38-..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration of title and permanent injunction - Plaintiff claimed to have purchased suit land - No registered document available - Only receipt of payment and deed of conveyance written on a plain paper which was not registered - Title also claimed on basis of adverse possession - No..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 37, 38-..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 38,20,41(h), Civil Procedure Code, 1908, Order 39, Rule 1,2-- Injunction suit - Not maintainable when remedy of filing suit for specific performance is available - Plaintiff cannot claim temporary injunction in pending suit for injunction simpliciter...........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 38-- Suit for declaration and injunction - Right from 1925-26 onwards name of predecessor in title of appellant and after the heath of husband of appellant name of appellant recorded in revenue record - Name of plaintiff was recorded in revenue record, order refusing decree of permanent injunction,..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 38-- Suit for injunction and possession - Amendment of plaint - Application for - Nature of suit does not change at all if amendment sought is allowed to be incorporated - Plaintiffs still claim to be owners in possession of suit and - Basis of their case also does not change - They continue to claim..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 38, Northern India Canal and Drainage Act, 1873, Section 30G-- Forcibly digging Khal/watercourse - Grant of permanent injunction - Jurisdiction of civil Court - Held, civil Court will certainly have jurisdiction to prevent or threatened wrong - In such a situation, civil suit is not barred by S.30-G of 1873 Act - Canal Authorities can remedy a wrong that is..........
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...........

Showing : 221-230 of 463 Results