Showing : 651-660 of 2321 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Agreement to sell-- Ready and willing - Readiness and willingness has to be seen from the act, conduct and intention of the parties. (Specific Relief Act, 1963, S.16(c)...........
GAUHATI HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Readiness and willingness - Registered agreement between parties proved on record - Moreover, institution of suit for specific performance of contract offering to pay balance consideration to defendants for getting valid deed of sale is itself indicative of the fact that..........
DELHI HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Without claiming relief of possession - There is no averment of plaintiff being in possession which fact on the contrary having been asserted by defendant that they are in possession - Suit filed merely for declaration without claiming possession is barred u/s 34 of Act -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 37, 38-- Prohibitory injunction - Plaintiff not in possession of suit land but filed a simpliciter suit for prohibitory injunction - Merely by adding the line in the prayer clause by plaintiffs that in case defendants are able to take possession of suit land during pendency of suit, suit may be treated as..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 31, Transfer of Property Act, 1882, Section 54-- Cancellation of sale deed - Cancellation of a registered sale deed by vendor without notice to vendee and without his consent and without joining him as a party to the cancellation deed - Not valid in law...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 6-- Dispossession - Burden of proof in a suit filed u/s 6 of Act, is that of plaintiff to prove that he was in prior possession of suit premises and that said prior possession must date back to six months prior to date of forcible dispossession - However, incidental to that it would also be necessary..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 6-- Dispossession - Burden of proof - Since the initial burden lies on plaintiff to prove that he was in possession of suit premises at any time six months prior to date of filing of suit, same is discharged by leading cogent evidence and documents on record - On the other hand defendant failed to..........
KERALA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 37, 38-- Permanent prohibitory injunction - No case made out by plaintiff that defendants were attempting to cause damage or mischief to property - Lower Court granted the relief without any plea of foundational facts in plaint - Moreover, Court also granted a decree of declaration of appellant's 1/5th..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 37, 38-- Permanent Injunction - Plaintiff claimed to be in possession of suit property for past more than 12/14 years - On spot inspection by revenue officials Plot was transferred to plaintiff via conveyance deed - No evidences shown by defendants to prove possession over suit land - Neither any Sarpanch..........
KERALA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 31-- Cancellation of document - Property in co-ownership sold out by defendant to the extent to his share - Simply for the reason that sale deed in question does not mention the right of plaintiff, it will not become void or voidable at the option of plaintiff - Moreover, there is no recital in said..........

Showing : 651-660 of 2321 Results