Showing : 211-220 of 397 Results

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..........
GAUHATI HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 34- - Suit for declaration of possession and permanent injunction - Applicability of proviso to S.34 - Plaintiffs prayed in the suit for confirmation of their possession and permanent injunction against defendants, particularly, against defendant in appeal from disturbing their possession - Held, there..........
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..........
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...........
GAUHATI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 9, 13, Specific Relief Act, 1963, Section 34-- Suit for declaration - Non-joinder of necessary parties - There was no issue of no, joinder of necessary parties - Point was not raised at the time of trial and no issue was framed thereof - Held, First appellate court would not consider it as a ground for dismissal of the judgment and decree..........
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)..........

Showing : 211-220 of 397 Results