Showing : 181-190 of 367 Results

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..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 34-- Declaration - It is not permissible to claim the relief of declaration without seeking consequential relief...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 34-- Declaration - Relief of - Conditions to be satisfied : (i) that the plaintiff is entitled- (a) to any legal character; or (b) to any right as to any property; and (ii) that the defendant is a person who denied or is interested to deny his title to such character or right - If these conditions are..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration of title and permanent injunction - Plaintiff claimed to have purchased suit land - No registered document available - Only receipt of payment and deed of conveyance written on a plain paper which was not registered - Title also claimed on basis of adverse possession - No..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 11, Specific Relief Act, 1963, Section 34-- H.P.Land Revenue Act, 1954 Declaratory decree - Res judicata - Suit for declaration as to exclusive possession as co-owner already dismissed by Civil Court and later affirmed by appellate Court - Held, once status of parties is finally determined by civil court, as to whether a person is tenant or..........

Showing : 181-190 of 367 Results