Showing : 1001-1010 of 2128 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Land Acquisition Act, 1894, Section 18, 30-- Plaintiff sought permanent injunction against the defendants not to receive the compensation of the acquired land in dispute, which is to be paid by the Collector - Held, no injunction can be granted to restrain the defendant from instituting or prosecuting their statutory proceedings as it would..........
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..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 34, Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1974, Section 3(3), 6-- Declaratory suit - Injunction - Grant of - Plaintiff found to be in possession of suit land by both courts below - Held, once he is found to be in possession of suit land, he was entitled to remain in possession till he was evicted by due process of law - Plaintiff is entitled only to relief of..........
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...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 38-- Injunction suit - Determination of title - In a suit for relief of injunction simpliciter the question of determination of title does not arise - A reference to title, if at all, would be only in the limited context of understanding the claim of the respective parties in the suit schedule..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 38-- Impleadment of a party - Suit for injunction - Plaintiff has the prerogative to choose his opponents in a suit for injunction - No body can claim right to get himself impleaded to the dislike of the plaintiff - It is only when allegations of collusion or fraud are made that trial Court can..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 28(1)-- Passing of decree for specific performance of agreement to sell - After passing of the decree Court does not cease to have jurisdiction and it retains control over the decree as Court can in exercise of powers u/s 28(1) of the Act, either extend time or rescind contract as claimed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 52, Specific Relief Act, 1963, Section 19(b)-- Lis pendens - Execution of gift deed during pendency of suit for specific performance - Held, gift deed is null and void as (1) it is executed during pendency of suit and is hit by doctrine of lis pendens; (2) donee under gift deed is not a bona fide transferee as the transfer is gratuitous and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 38, 41-- Injunction suit against co-sharer - Defendant sought to be restrained from restraining the plaintiff from watering his fields from motor (tube-well) on the ground that he is joint owner in possession of the land - Electric motor/electric connection and payment of electricity bills made by the..........

Showing : 1001-1010 of 2128 Results