Showing : 191-200 of 354 Results

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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Ingredients : (i) the plaintiff must be a person entitled to any legal character or to any right as to property; (ii) the defendant must be a person denying, or interested to deny, the plaintiff's title to such character or right; (iii) the declaration sued for must be a..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 34, 39-- Suit for declaration that sale deed is illegal and void ab initio and for mandatory injunction directing defendant to remove construction made therein - The relief available to plaintiff was of declaration and possession - Held, suit for declaration and mandatory injunction is not maintainable...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 34, Contract Act, 1872, Section 17, Arbitration Act, 1940, Section 32,33, Specific Relief Act, 1963, Section 34-- Award - Allegedly obtained by fraud and misrepresentation - Setting aside of - Appellant seeking declaration that award was null and void and also seeking consequential relief of setting aside mutation based on such decrees and possession of lands - Held, Ss.32 & 33 of Arbitration Act not a bar..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 20, Order 7, Rule 11, Specific Relief Act, 1963, Section 20-- Suit for specific performance of memorandum of understanding - Territorial jurisdiction - No relief for declaration of title to property or for possession of property claimed - Suit for specific performance simpliciter and not suit for land - Held, suit is triable by Calcutta High Court even if..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 34-- Declaration of title - Suit for - Limitation - Held, u/Art. 65 of Limitation Act, suit for declaration of title can be filed when there is a cloud over title and limitation is 12 years...........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Maintainability - Plaintiff sought permanent injunction against defendants on ground that he has been in possession of suit property and defendants were disturbing his possession - Plaintiff's suit is not based on title - Reference in plaint to grant in favour of father of..........

Showing : 191-200 of 354 Results