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Results of specific relief act declaration

Showing : 231-240 of 412 Results

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)..........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2012
Details

Specific Relief Act, 1963, Section 34 -- Agreement to sell - Suit for declaration to be owner of suit property on the basis of an agreement to sell - Held, suit is not maintainable - Merely an agreement to sell does not create title in favour of plaintiff...........

MADHYA PRADESH HIGH COURT

Year of decision: 2012
Details

Specific Relief Act, 1963, Section 38 -- Suit for declaration and injunction - Right from 1925-26 onwards name of predecessor in title of appellant and after the heath of husband of appellant name of appellant recorded in revenue record - Name of plaintiff was recorded in revenue record, order refusing decree of permanent injunction, held, improper...........

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 sale deeds as suspicious and not..........

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 his share alone particularly when..........

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 declaration that the plaintiff is..........

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..........

Showing : 231-240 of 412 Results