Showing : 211-220 of 367 Results

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..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Public street-- Obstruction - Suit for declaration that suit property is a public rasta, for mandatory injunction for removal of structures and injunction from interfering with the use of the same - Suit filed for the benefit of himself and for the benefit of the residents of the locality in respect of usage of a..........
JHARKHAND HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34-- Declaration suit - Second appeal - According to plaintiffs they had been in continuous peaceful possession of disputed land - Some area of disputed land has been wrongly recorded in the name of defendants - Taking undue advantage of the said erroneous entry, defendants started claiming their right..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction to restrain defendant from interfering in his possession - Death of defendant during pendency of suit - No pleading that the legal representatives also held threats of dispossession to the plaintiff - Held, relief of permanent injunction cannot be..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 38, Wakf Act, 1995, Section 6(2), 92-- Suit for injunction - Impleadment of Wakf Board as a party to the suit - Occasion for the Wakf Board to get itself impleaded may arise at the most, in a suit for declaration of title and not the one for grant of injunction...........

Showing : 211-220 of 367 Results