Showing : 271-280 of 868 Results

KERALA HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 36, 37-- Injunction - Decree granting injunction directing the owner of land to do or not to do a particular act or thing in suit property is binding on the subsequent assignees and such decree cannot be said to be purely personal against the original judgment debtor alone, as it is a restriction on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13-- Personal necessity - Second eviction petition - Maintainability - Held, under Rent Act, ground of bona fide requirement or no, payment of rent is a recurring cause - Therefore, landlord is not precluded from instituting fresh proceeding - Genuineness of bona fide requirement is to be decided on..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Applies to the stages subsequent to institution of a valid suit and those proceedings which are construed as continuation of suit and not for seeking condonation of delay in filing a time barred suit...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Dismissal in default - Bar of subsequent suit - Held, rent petition claiming rent for subsequent period is not barred U.O.9.R.9 CPC as cause of action in both the suits is different...........
DELHI HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Lis pendens - Breach on the part of defendant and not of plaintiff - Sale deed executed and registered during pendency of suit hit by principle of lis pendens - An agreement purchaser has no title to property and is at best a nominee of seller - It is inconceivable that a..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52-- Impleadment of subsequent purchaser - Merely because the transfer during pendency of suit is hit by principle of lis pendens incorporated u/s 52 of T.P.Act that cannot operate as bar for court to exercise power U.O.1.R.10(2) CPC to permit subsequent purchaser for being added as a plaintiff - Order..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Provision of S.10 CPC is applicable only when two suits are pending for the same relief...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Pre-emption -- Right to - Held, preparation of `Naksha Be' cannot amount to cessation of ownership - It is instrument of partition which will create division - Suit had been disposed of on 27.08.1983 and sanad takseem had been prepared only subsequently on 29.08.1983 - Partition could not be said to have been..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Suit for injunction - Allowed to be amended seeking relief of specific performance - Suit not barred by O.2.R.2 CPC - O.2.R.2 operates to a subsequent suit which seeks for a particular relief that must have been taken in the previous suit itself - If the suit were to contain one relief and yet..........
KERALA HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 115, Civil Procedure Code, 1908, Order 23, Rule 3-- Partition - Compromise - Estoppel - Compromise and subsequent conduct of respondent spread over about 38 years has made appellant to believe that latter is absolute owner of suit property - Appellant enjoyed property as its absolute owner effecting mutation, paying revenue and making improvements..........

Showing : 271-280 of 868 Results