Showing : 1631-1640 of 2116 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Specific Relief Act, 1963, Section 37, 38-- Trespasser - Not entitled to injunction against the true owner...........
KARNATAKA HIGH COURT
Year of decision: 2000
Details
Easement Act, 1882, Section 4, Transfer of Property Act, 1882, Section 8, 19, 11, Specific Relief Act, 1963, Section 38, Civil Procedure Code, 1908, Section 47-- Right of way - Injunction decree to prevent interference - Such easementary right is statutory right and is right in rem - Transfer of servient heritage by J.D. does not extinguish right, rendering decree inexecutable - Decree is enforceable against transferee...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Specific Relief Act, 1963, Section 37, 38-- Trespasser - Suit for injunction - If possession of plaintiff is of a trespasser, he cannot get an injunction against the true owner in order to perpetuate his own wrong...........
GAUHATI HIGH COURT
Year of decision: 2000
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - Sought by plaintiff against electricity bill and disconnection of electricity - Plaintiff resorted to mala fide practice of theft of electricity - Held, mandatory injunction cannot be granted for perpetuating wrongful state of things...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Specific Relief Act, 1963, Section 37, 38-- Bhatti - In a residential area - Nuisance - Neighbours seeking injunction contending operation of Bhatti would result in emitting smell and generating heat and smoke which taken together would amount to nuisance - Held, no case for quia timet action made out - Suit premature - Prevention..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38-- Co-owner - Right to seek injunction against co-owner in exclusive possession of the entire or part of the property restraining him from making construction in that part of the property - Held, that (i) a co-owner who is not in possession of any part of the property is not entitled to seek an..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Specific Relief Act, 1963, Section 37, 38-- Suit for permanent injunction restraining Municipal Committee from blocking 20 ft. street situated towards eastern side of the house of plaintiff - In site plan no street is shown and rather a chowk is shown - This chowk is ownership of MC - Held, MC has every right to develop this chowk in the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Agreement to sell-- Suit for specific performance - Suit filed by vendee decreed with costs in his favour - Vendee is entitled to deduct the amount of cost from the sale price and deposit the remaining amount. (Specific Relief Act, 1963, S.28)...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Agreement to sell-- Suit for specific performance - Suit filed by vendee decreed with costs in his favour - Vendee directed to deposit the amount within three months - Appeal by vendor - Judgment and decree under appeal affirmed - Held, when lower Court's judgment and decree had been affirmed in appeal without any..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Specific Relief Act, 1963, Section 12-- Specific performance of part of contract - The provision is not applicable where the share of a contracting party is identifiable, severable and separate from the share of one against whom specific performance of agreement cannot be enforced - An agreement can still be enforced against a person..........

Showing : 1631-1640 of 2116 Results