Showing : 201-210 of 361 Results

BOMBAY HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - No prayer for declaration sought - Effect thereof - Held, in a suit for permanent injunction based on possession there is no need for prayer for declaration of title and Court should confine itself regarding possession only...........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 6-- Plaint - Amendment - Suit u/s 6 of Specific Relief Act - Amendment of plaint to seek relief of declaration and damages - Amendment will change the nature and character of suit - Application dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title - Consequential relief of permanent injunction and alternative relief of decree for possession claimed - Suit cannot be dismissed on the ground that simpliciter suit for declaration without claiming relief of possession is not maintainable...........
GAUHATI HIGH COURT
Year of decision: 2011
Details
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Limitation Act, 1963, Article 59-- Sale deed - Cancellation - Limitation - Prayer for declaration that sale deed is null and void - Unless deed of sale is cancelled the transfer cannot be held to be null and void - Suit for cancellation of sale deed is governed by Art.59 of Limitation Act - Limitation to file suit is three years -..........
MADHYA PRADESH HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 34-- Declaratory suit simplicitor - Maintainability - Defendants are in possession by themselves and through their tenants - Suit for declaration of title of property without further relief of possession - Held, suit is hit by proviso to S.34 of the Specific Relief Act, 1963 and is not maintainable...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34, 37, 31-- Suit for declaration of title and injunction - Relief for cancellation of sale deed alleged to have been obtained by fraud and coercion not sought - Suit for declaration is more exhaustive to determine the title or validity of transaction - When relief of declaration of title is granted, it is in..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34-- Declaration - Provision of S.34 of the Act is not exhaustive - Courts power to exercise discretion in granting a declaratory decree is wide...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34, 31-- Suit for declaration of title without seeking relief of setting aside sale deed alleged to be the result of fraud and coercion - Plaintiff claimed himself to be a weak intellect and not worldly wise - Not believable as he acquired properties, sell them and manages of his own accord and lends money..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Sale deed executed and possession delivered in execution of decree for specific performance - Pendente lite transfer of property during pendency of execution proceedings - Plea of bona fide purchase for valuable consideration without knowledge of alleged defect in title and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Plea that further relief of possession not sought - Plea that it was only symbolic possession which was delivered in execution of decree for specific performance - Held, even symbolic possession amounts to delivery of possession - Even in the sale deed executed in pursuance..........

Showing : 201-210 of 361 Results