Showing : 171-180 of 354 Results

RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 6-- Scope - Suit u/s 6 of Act is to be tried as summary suit and it is confined to relief of restoration of possession - No relief can be granted for the purpose of declaration of an individual as owner of disputed property. (Paras 4, 6, 7 & 8)..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 37, 38, 34-- Suit for permanent injunction - Scramble for possession as well as scramble for title - Proper remedy is to file a suit for declaration even if plaintiff was in possession of suit property on the date of filing of suit - First appellate Court giving three months time to plaintiff to file a..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 34-- Declaration - `Legal character' - Means legal status and not specifically that legal character must be in regard to certain property - Right claimed by adversary which may hinder the legal status or exercise of right of a person is good enough to bring a suit for declaration u/s 34 of the Act...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 34, 39-- Suit for declaration and ownership of properties - Parties must cogently prove the identification and location of the properties claimed by them...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Defendant in possession - Suit for mere declaration without seeking consequential relief of possession is not maintainable - However, there is no prohibition upon a party from seeking an amendment in the plaint to include the unsought relief, provided that it is saved by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 37, 38-- Prohibitory injunction - Claim based on easementary right - Relief of prohibitory injunction is not available without seeking relief of declaration that he has got such a right and unless such right is established and declared...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 34-- Boundary dispute - Remedy of an individual seeking survey of lands is to seek declaration of title to such lands in a civil court - In case there is any dispute regarding boundaries, to file an application seeking to have the subject lands surveyed and demarcated...........
PATNA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 5, 34, 38-- Suit for declaration of title, recovery of possession and permanent injunction - Declaration sought that defendant has no right to close windows in wall of house of plaintiff and a direction to remove construction made over suit land and permanent injunction restraining defendants from making any..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 37, 38, 34-- Suit for injunction - Both parties claiming title - Plaintiff failing to claim relief of declaration and not even establishing his possession - Held, suit rightly dismissed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 34, 37-- Suit for declaration and injunction - Plaintiff stated in cross-examination that he did not know if defendants have installed tube-well in the suit land and have also taken electricity connection - Held, it would depict that plaintiff is not in possession of suit land - Consequently, suit for..........

Showing : 171-180 of 354 Results