Showing : 1701-1710 of 2116 Results

KARNATAKA HIGH COURT
Year of decision: 1999
Details
Specific Relief Act, 1963, Section 36-- Suit for injunction - Title - Court going into question of title and recoding its finding thereon - It is only incidental to grant of injunction and such finding does not finally determine question of title - It is open to party to establish his title by separate suit...........
KARNATAKA HIGH COURT
Year of decision: 1999
Details
Specific Relief Act, 1963, Section 36-- Prohibitory injunction - If plaintiff dies his legal representatives will be entitled to the benefit of injunction - If defendant dies the cause of action dies with him and does not pass on to his L.R's and injunction decree becomes extinct...........
DELHI HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 41(b)-- Cheques issued - Payment stopped - Cheques dishonoured - Complaint u/s 138 Negotiable Instruments Act filed - Thereafter suit filed for declaration and injunction and the reliefs claimed in suit are in substance for an injunction restraining the defendant from prosecuting the criminal case..........
RAJASTHAN HIGH COURT
Year of decision: 1999
Details
Transfer of Property Act, 1882, Section 53A, 60-- In granting relief under Section 53-A of the T.P. Act the question whether a contract is specifically enforceable or not has no bearing at all - Sections 10 and 12 of the Specific Relief Act are quite distinct from Section 53-A of the T.P. Act which applies even when the specific performance of a..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title and possession - Plaintiffs must succeed on the strength of their own title alone and not on the mere pleading that defendants are trespassers and not entitled to continue in possession - Mere producing sale deed does not establish title of plaintiff unless it is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2- - Temporary or ad interim injunction - Power of Court not only arises from provisions of Order 39 or under provisions of Specific Relief Act - Cases not covered under Order 39 - Court can still grant injunction under Section 151 - Inherent power of Court to grant injunction to meet ends of justice..........
PATNA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for specific performance - Ready and willing - All averments revealing readiness and willingness of plaintiff to perform his part of contract - Specific averment as required by statute not made - Permission for amending plaint to incorporate averment granted when..........
CALCUTTA HIGH COURT
Year of decision: 1999
Details
Specific Relief Act, 1963, Section 34, Hindu Marriage Act, 1955, Section 7-- Marriage - Denied by wife - Suit by her for declaration that there was no marriage at all between parties - Suit is maintainable...........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Agreement to sell-- Ready and willing - Filing of suit within period of limitation does not absolve the vendor-plaintiff from showing as to whether he was ready and willing to perform his part of agreement and if there was non-performance was that on account of any obstacle put by the vendor or otherwise. (Specific..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Specific Relief Act, 1963, Section 28, 16-- Suit for specific performance - In the decree two months time granted to deposit balance sale consideration - Neither amount deposited nor any application for extension of time filed within two months - In execution proceedings initiated after 5 years of decree, extension of time sought - Held, no..........

Showing : 1701-1710 of 2116 Results