Showing : 151-160 of 363 Results

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...........
DELHI HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 34-- Declaration - No Court shall make any declaration where plaintiff being able to seek further relief than a mere declaration of title, omits to do so...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 34-- Declaration of title - Where a party is seeking declaration of title and recovery of possession, burden lies on such party to adduce satisfactory evidence to prove his title and possession - Plaintiff has to succeed only on the strength of his case and not on the weakness of case set up by..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 34-- Declaration of title and recovery of possession - Merely because defendants have admitted that they have purchased the property from plaintiff, said circumstance alone is not sufficient to declare plaintiff as owner of property...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 34-- Declaration of title and recovery of possession - Merely because at some place in revenue record, name of plaintiff is shown as pattadar, it cannot be said that he continued to be pattadar and same is not sufficient to declare plaintiff as owner of property...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for declaration without seeking relief of possession - Defendant in possession of some of the portion of suit property - Suit barred by S.34 of Specific Relief Act - Suit rightly rejected - However, it is open for plaintiff to file fresh suit as provided U.O.7.R.13 CPC...........

Showing : 151-160 of 363 Results