Showing : 141-150 of 351 Results

HYDERABAD HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - To claim relief of declaration burden is heavy on plaintiff to prove his right over the suit property with cogent and convincing reasons...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Suit for mere declaration that plaintiff is entitled for certain amount of compensation, damages, solatium and interest without seeking relief of recovery of such amount from defendant, is not maintainable...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Simple suit for declaration without claiming alternative relief of injunction, if plaintiff is in possession, or of possession, when plaintiff is out of possession, is not maintainable...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34-- Declaration of title - Declaration u/s 34 of the Act is binding only on parties of suit and the persons claiming through them and not on third parties as per S.35 of Specific Relief Act...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 115, Specific Relief Act, 1963, Section 35-- Estoppel - Representative in interest of the person who made a declaration, act or omission, intentionally permitting another person to act upon such representation, the representative of such person is precluded to dispute the truth of such statement - Decree passed in declaration suit binds..........
DELHI HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Without claiming relief of possession - There is no averment of plaintiff being in possession which fact on the contrary having been asserted by defendant that they are in possession - Suit filed merely for declaration without claiming possession is barred u/s 34 of Act -..........
KERALA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 37, 38-- Permanent prohibitory injunction - No case made out by plaintiff that defendants were attempting to cause damage or mischief to property - Lower Court granted the relief without any plea of foundational facts in plaint - Moreover, Court also granted a decree of declaration of appellant's 1/5th..........
MADHYA PRADESH HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration & injunction - Maintainability - Plaintiff sought declaration that she is entitled to insurance amount of deceased `S' being his widow - Officers of LIC and MPEB being necessary party not implead in suit, which made the relief sought by plaintiff as futile in nature - Plea of..........
MADHYA PRADESH HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration without seeking consequential relief - Maintainability - If plaintiff seeks declaration that she is entitled to get a sum of insurance amount, then consequential relief would be that she should have sought the payment of money to her - Since no consequential relief was sought..........
MADHYA PRADESH HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration & injunction - Objection regarding maintainability of suit - Merely because such objections were not raised before trial Court, same cannot be discarded as these objections are legal objections which can be raised even in first appeal...........

Showing : 141-150 of 351 Results