Showing : 281-290 of 2075 Results

KERALA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 38-- Suit for perpetual injunction - Suit property a road - To grant a decree of perpetual injunction, what has to be considered is as to who is in actual physical possession of property - When property is baron land, vacant land or lying as a road etc., title deed should be there to ascertain the..........
KERALA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 38-- Suit for perpetual injunction - Suit property a road - False claim of title - Unregistered sale deed, not reliable - Injunction cannot be granted on basis of such document...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 38-- Permanent prohibitory injunction - Nuisance - Restraining defendants from using fermented mixture of water, wheat and chicken manure - Mixture fermented for a month - Emission of foul smell - Report of Local Commissioner and Regional Horticultural Research Station also shows that emission of foul..........
KERALA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration on the basis of adverse possession - Suit is not maintainable, as claim of adverse possession can be used as shield and not as a sword...........
KERALA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 37, 38-- Perpetual injunction - Can be passed restraining defendants from interfering with peaceful possession of plaintiffs and from dispossessing plaintiffs, as the right of defendants to recover possession of suit property u/art 65 of Limitation Act is extinguished within the meaning of S.27 of the..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Ready and willing - Requirement of mandatory provision of S.16(c) Specific Relief Act lacking - Court has to dismiss the suit. (Specific Relief Act, 1963, S.16(c)...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Ready and willing - A year's stipulated in the agreement for execution of sale deed - Suit filed after three years of the date fixed for execution of sale deed - Admittedly, no notice was given to defendant for execution of sale deed and only oral requests were made to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 38-- Co-sharer - Every co-sharer has right over every inch of joint land till it is partitioned by metes and bounds - Appellants who stepped into the shoes of his vendors had no right to claim relief of injunction against other co-sharers...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 13, 9, Hindu Marriage Act, 1955, Section 13, Specific Relief Act, 1963, Section 34, 35-- Foreign judgment - Termination of marriage - Challenged on the ground that order is without jurisdiction, having been obtained by fraud and being violative of rules of natural justice and the provisions of Hindu Marriage Act, 1955 - Provision of S.34 Specific Relief Act enable the petitioner to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - Both parties agreed to leave passage of 5 feet each from their land and in this way total width of passage will be 10 feet - As per case of plaintiff he had left 8 feet wide passage from his land - Plaintiff failed to prove this fact and also that defendant encroached upon..........

Showing : 281-290 of 2075 Results