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Results of s 38 of specific relief act s 39 s

Showing : 1-10 of 66 Results

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Removal of construction raised by defendant in Gali in question - Gali exists in between houses of parties - Defendants not contended that Gali is under their exclusive ownership and/or possession, rather they have denied very existence of same - Since defendants admitted construction having..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 38, 39 -- Injunction suit based on easementary right - Suit for mere injunction without seeking relief of declaration is not maintainable...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Claim of plaintiff based on plea of easement of necessity as also prescription - However, plea of easement rejected by Court below but suit decreed on the ground that suit land was classified as `share-aam-rashta' in revenue record - Findings of Court below is erroneous, as property in..........

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 39, 14, 38(2), 41(h) -- Mandatory injunction - Enforcement of contracts by mandatory injunction order - Not permissible...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Encroachment - No evidence on record brought by plaintiff to prove that there was encroachment at the instance of defendants except self serving statement of plaintiff - Demarcation report is of the year 2005 and no explanation has come forth in filing suit in the year 2010 - It cannot be..........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Protection of Women From Domestic Violence Act, 2005, Section 12, 20, 26, Specific Relief Act, 1963, Section 34, 37, 38, 39 -- Application u/s 12(1) of Act of 2005 in pending proceedings under Specific Relief Act - Petition by wife u/ss 34, 37, 38, 39 SRA seeking restraint order against husband from removing son from the custody of wife - Application u/s 12(1) can be..........

MADRAS HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 38, 39 -- Suit for permanent and mandatory injunction - Restraining defendant from interfering in possession of plaintiff and to remove the cement platform - Plaintiff proved his possession in the suit property by producing property tax receipts as well as receipt for payment of electricity charges - Defendant in his evidence admitted..........

DELHI HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34, 38, 39 -- Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - U, registered gift deed - Defendant relied upon a Will executed by plaintiff after deed of gift - Transaction of gift having concluded before execution of Will, is inconsistent to Will relied upon by defendant -..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Encroachment made by defendant by raising construction - Plaintiff successfully proved that defendant encroached upon suit land and thereafter raised construction over same, during pendency of trial - Demarcation report submitted by Local Commissioner proves on record encroachment made by..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 38, 39 -- Co-shares - Suit for permanent and mandatory injunction - Restraining defendant/co-sharer from raising construction on suit land and also from blocking path - Joint land - Suit land is recorded as Abadi deh and jointly owned and possessed inter se parties - Evidence on record proved that defendant is trying to raise construction..........

Showing : 1-10 of 66 Results