Showing : 281-290 of 2297 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Bar to jurisdiction - Admittedly, plaintiffs have no documents of ownership of land as land falls within Lal Dora of village - However, Gram Panchayat was able to prove that land was Shamlat Deh vesting in Gram Panchayat - Therefore, civil Court has..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, 38-- Second appeal - Substantial question of law - Suit for declaration and permanent injunction - Proof of title - As per plaintiffs, once they have claimed that property was within Lal Dora of village it was duty of Court to frame issue and decide the same - However, duty of Court is to decide issues..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific Performance - Readiness and willingness - Mere admission on part of defendant to accept the partial amount, cannot be substitute of proof of readiness and willingness - It was mandatory on part of plaintiff to show that he was ready and willing to pay remaining amount. (Specific Relief..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Agricultural land - Plaintiff claims to be owner of suit property on the basis of oral partition which took place between ancestors of parties - Defendants admitted said oral partition in family and its implementation - However, defendants failed to..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - No document on record with regard to title of plaintiff over suit property - Suit property purchased by brother of plaintiff and he did not authorize plaintiff to file civil suit - Plaintiff failed to establish nature of possession - Concurrent findings of Courts that..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Restraining defendants from interfering possession of plaintiff or dispossessing him - Demarcation reports as relied upon by plaintiffs disputed by defendants - However, demarcation reports clearly shows that demarcation is carried out strictly in accordance with law in..........
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..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 38-- Injunction - Encroachment - Equitable relief of injunction is not available to an encroacher...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Mere proof of a prima facie case qua possession, is not sufficient to grant injunction in favour of a trespasser...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Cannot be granted to a person who failed to show either to be owner of property or to be in permissive possession of property, particularly, if the property happens to be a public property...........

Showing : 281-290 of 2297 Results