Showing : 11-20 of 124 Results

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..........
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..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 39-- Agreement to sell - Suit for declaration and mandatory injunction - Suit filed almost after 12 years from the date of agreement - Suit not filed for specific performance - It is a misconceived suit - Suit was rightly dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 39-- Agreement to sell - Suit for declaration and mandatory injunction - Agreement to sell not proved on record - Plaintiff thus, have no prima facie case in his favour to file a suit in relation to suit land once agreement was held not proved - Suit dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 39-- Agreement to sell - Suit for declaration and mandatory injunction - Bar of limitation - Agreement in question executed in 1980 - Whereas, suit filed in 1992 - There is nothing to show that agreement was to be kept alive for such a long time - Moreover, agreement itself is not proved, therefore, no..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 39, 38-- Revocation of licence - Suit for mandatory injunction and in the alternative for possession and for permanent injunction restraining appellant from applying for an electric connection to the Electricity Department in his name - Parties to the suit are closely related and record reveals that in..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - Removal of wall and to keep service lane open as an approach way - Defendant specifically pleaded that wall was constructed on the basis of permission granted by defendant no.2 vide sanction order - Said sanction order not denied by plaintiff - However, there is admittedly..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 38, 39-- Suit mandatory and permanent injunction - Directing defendant to close main gate, which had been opened illegally, causing obstruction in usage and occupation of plaintiff - Defendant purchased his house and got it repaired after getting site plan sanctioned from M.C. - As per sanctioned site plan..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - Unauthorised construction - Not proved with description on the land where it stood - Mandatory injunction, rightly, declined...........

Showing : 11-20 of 124 Results