Showing : 201-210 of 367 Results

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..........
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 -..........

Showing : 201-210 of 367 Results