Showing : 191-200 of 367 Results

PATNA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title - Plaintiffs father having two wives, first wife in whose name suit property was purchased had died issueless - Plaintiffs sons of second wife claimed that defendant being son of their mother from her first marriage, he had no title in suit property - Brother of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration and injunction - Ownership on the basis of registered sale deed - Defendant claiming ownership on the basis of decree passed as a result of oral family settlement - Decree not placed on record - Register of institution of suit does not disclose institution of suit in which..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Rajasthan Court Fees and Suit Valuation Act, 1961, Section 6(1), Specific Relief Act, 1963, Section 10-- Court fees - Ancillary reliefs - Specific performance of contract sought as main relief - Reliefs of declaration and permanent injunction ancillary or consequential to main relief - No separate Court fee is required to be paid in respect of ancillary reliefs...........
KERALA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 34-- Suit between spouses relating to property - Seeking declaration of title - Held, alternative relief u/s 34 of SRA can be claimed - Expression `any right as to property' employed in S.34 would not always mean vested right alone and it would include any right relating to any property. `(Para 9)..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 34-- Agreement to sell - Suit for declaration to be owner of suit property on the basis of an agreement to sell - Held, suit is not maintainable - Merely an agreement to sell does not create title in favour of plaintiff...........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 38-- Suit for declaration and injunction - Right from 1925-26 onwards name of predecessor in title of appellant and after the heath of husband of appellant name of appellant recorded in revenue record - Name of plaintiff was recorded in revenue record, order refusing decree of permanent injunction,..........
PATNA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Sale deeds - Not bona fide - Proof - Total area of plot 4 katha 11 dhur - One of the descendants of a co-sharer who had only 1/3rd share in that plot sold entire 4 katha 10 dhur - Held, there appears to be no perversity in concurrent findings of both courts below discarding..........
PATNA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 34-- Declaration suit - Alienations made by two co-sharers of their shares in favour of plaintiffs were not valid - Absence of necessary pleading regarding specification of inherited shares of plaintiffs in suit land - Held, it is difficult to grant decree in favour of plaintiffs with regard to only..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Court Fees Act, 1870, Section 7(iv)(c), Specific Relief Act, 1963, Section 34-- Declaratory suit - Ad valorem court fee - Payment of - Plaintiff pleaded that he did not execute sale deed, but he sought declaration regarding entire sale deed being invalid - Held, plaintiff is liable to pay ad valorem court fee on entire sale consideration recited in sale deed - However, if..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 34, 37, 38-- Declaration and possession - Boundaries given in sale deed not correct - It is not permissible to lay a claim seeking relief of title and recovery of possession on the basis of such sale deed without seeking relief of rectification of boundaries...........

Showing : 191-200 of 367 Results