Showing : 231-240 of 369 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 38, 41-- Injunction suit against Father (Karta) not to alienate ancestral property and joint family property - Held, suit not maintainable - Remedy with coparcener is to file suit after alienation seeking declaration that alienation was without legal necessity - Exception to this proposition - Held,..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title - Name of plaintiff not shown in any capacity in the revenue records - Plaintiff also admitted in his evidence that he has been residing outside the suit land - It is clearly established that plaintiff is not even in possession of the suit land - No reason to..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Specific Relief Act, 1963, Section 19, Bombay Court Fees Act, 1959, Section 6(ha)-- Specific performance - Court fees - Substantive relief claimed in respect of specific performance of agreement - Claim between the vendor and vendee is essential - Subsequent transferee is required to be impleaded only for the purpose of issuing direction to him to join the vendor in executing the..........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Specific Relief Act, 1963, Section 34-- Declaration - If a judgment or a decree is obtained on account of fraud or collusion, a suit for declaration is maintainable...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Specific Relief Act, 1963, Section 38-- Injunction - Contingencies in which a suit for permanent injunction and/or declaration is maintainable analysed viz. (1) When plaintiff is in lawful or peaceful possession of property and such possession is interfered or threatened then suit for injunction simpliciter is maintainable but a person..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction - Issue of title - Issue of title when involves complicated or complex questions of fact and law or where Court feels that parties had not proceeded on the basis that title was at issue, the Court should not decide the issue of title in a suit for injunction - Proper course is to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Specific Relief Act, 1963, Section 34-- Declaratory decree - A decree for declaration cannot be passed where the plaintiff is able to seek further relief than a mere declaration of title and he omits to do so...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Specific Relief Act, 1963, Section 34-- Declaratory decree - Cannot be passed where plaintiff is able to seek further relief than a mere declaration of title - Declaration sought that decree obtained by defendant is nullity - Sale deeds executed on that basis will automatically become nullity if the decree is set aside - There is no..........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 31-- Suit for declaration that bill of exchange is forged - Cause of action will not be limited to the alleged act of forgery - Plaintiff could also plead that the bill of exchange if left outstanding may cause it serious injury...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Article 61, Specific Relief Act, 1963, Section 34-- Usufructuary mortgage - Declaration by mortgagee in respect of title over suit property after expiry of period of limitation to sue for foreclosure - Right to redeem or recover possession, when no time limit is fixed for redemption, accrues to mortgagor not on the date of mortgage but on the date..........

Showing : 231-240 of 369 Results