Showing : 91-100 of 351 Results

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..........
DELHI HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 5, 11, Specific Relief Act, 1963, Section 34-- Legally wedded wife - Suit for declaration - Marriage between plaintiff and deceased solemnized during the subsistence of first wife of deceased - Second marriage not valid as per Hindu law - Solemnization of marriage between plaintiff and deceased again after death of first wife of deceased also..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Simplicitor suit for declaration without claiming relief of possession - Maintainability - Once no objection taken by appellants either in trial Court or before first appellate Court that suit for declaration without claiming possession is not maintainable, then no such objection can be allowed to..........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title - Suit property allotted to father of plaintiff and said fact is admitted by defendant - Plaintiff is in possession of suit property till his dispossession - Defendant on the other hand failed to prove that suit property was transferred in his favour through oral gift..........
DELHI HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration that sale deed in question is null and void and for permanent injunction - Plaintiff failed to prove that sale deed was executed in a fraudulent manner - Onus was on the plaintiff to prove the issues by leading cogent evidence - Much less producing any cogent evidence,..........
DELHI HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 37, 38, 34-- Suit for declaration, mandatory and permanent injunction - Self acquired property of plaintiff - Daughter-i, law and grandson have no right to reside in self acquired property of plaintiff - Decretal of suit directing defendant to deliver peaceful vacant possession of suit property calls for no..........

Showing : 91-100 of 351 Results