Showing : 91-100 of 363 Results

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..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Plaintiff claiming himself to be in exclusive possession of suit land as co-sharer and that entries to the contrary be declared as null and void - However, plaintiff nowhere had laid any challenge to the entries whereby defendant was shown as co-sharer - There is no reason..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction suit - Possession of property - Suit property is an abadi land - Revenue record filed by plaintiff and judgment and decree of earlier suit shows that there was declaration by competent Court regarding possession of father of plaintiff over suit property - Simply because defendants were..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 37, 38-- Suit for permanent injunction - Suit for declaration, injunction and recovery of possession filed by defendant by way of counter claim - Plaintiffs in possession and enjoyment of suit property - Defendants have not produced any other document except patta to establish their title over property -..........
DELHI HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration challenging two Wills - Bar of limitation - Wills in question were executed by father of plaintiff in favour of his two sons to the exclusion of plaintiff - Mutation was effected in 2004 on the basis of Wills of 1996 - Said mutation not challenged by plaintiff within period of..........
DELHI HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration challenging two Wills - Wills in question were validly executed and not proved to be forged and fabricated - Long silence of plaintiff from the date of mutation of Wills till 2007 established that he knew about the existence of Wills executed by his father whereby he divided..........
DELHI HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Proviso - Suit for declaration - Appellants simply seeking relief under testamentary instruments executed by their parents that parties are in possession of property bequeathed to them - Relief of possession not claimed by parties as they are already in possession of properties - Question of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of ownership - Plaintiff not in possession - Suit is not maintainable without seeking relief of recovery of possession...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Administration of Evacuee Property Act, 1950, Section 16, Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 50-- Restoration of land - Once factum of ownership of petitioners much less parentage or inheritance has been denied, it was incumbent upon petitioners to lay claim by seeking declaration u/S.34 of Specific Relief Act, by leading evidence u/S.50 of Evidence Act and thereafter, could have staked claim..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 39-- Suit for declaration and mandatory injunction - Auction - Highest bid - Bid never accepted by concerned authorities - There was no concluded contract - Merely on the granting the declaration that rejection was illegal and arbitrary and by incompetent authority, further relief of mandatory..........

Showing : 91-100 of 363 Results