Showing : 11-20 of 142 Results

MADRAS HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 3, Article 65, Specific Relief Act, 1963, Section 39-- Limitation - Suit for mandatory injunction - Encroachment - Plaintiff failed to plead about the date on which defendants encroached suit track - Plea of adverse possession taken by defendant - However, they failed to prove the same - Defendant admitted that encroachment made is temporary in nature..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39-- Suit for declaration of title and mandatory injunction - Encroachment - Plaintiff did not produce any documents in respect to his title - However, admission made by defendants will prove existence of suit land - Construction made by defendants are all temporary in nature - Report of Advocate..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - Relief of mandatory injunction can be sought only when there is breach of an obligation - Breach of an obligation is personal and not inheritable - It is in existence during life time of licensor who unfortunately died - It is extinguished like tenancy law, license is not..........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 39-- Suit for mandatory injunction - Against a family member who is in joint possession of property - Maintainability - Property belongs to mother - She permitted both sons to reside in the same house jointly but executed Will in favour of plaintiff only - Once it is established that defendant has no..........
DELHI HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - Directing daughter-in-law to vacate the house - House in the ownership of plaintiff - Daughter-in-law residing in the house with her husband - Not a case of daughter-in-law that her husband, even if residing in the house has any right to the house - House does not qualify as..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - Removing wall from blocked passage - Existence of passage proved and accepted - However easementary right of plaintiff over the same and its user as such not decided by both the Courts below - Further situation of passage in dispute has been decided without fixing identity..........
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..........
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 entertained in pending proceedings under Specific..........

Showing : 11-20 of 142 Results