Showing : 1-10 of 206 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Non-joinder of necessary party - Suit for declaration, permanent and mandatory injunction - Ownership of erstwhile owner of property stood extinguished automatically by coming into force of H.P. Tenancy and Land Reforms Act and it was defendant being tenant who was owner thereof - He is thus, not..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Suit for declaration of title and permanent injunction on the basis of Will - Suit dismissed in default - Second suit for permanent injunction on the basis of Will - Held, second suit is barred U.O.9.R.9 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Three separate suits were filed by plaintiff for declaration of title and permanent injunction against defendants including State - First two suits were dismissed and plaintiffs filed appeal in both the suits - Issue of title thus, not attained finality - Findings recorded in first..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Adverse possession-- Perfection of title by adverse possession - Suit for declaration of title and permanent injunction on the basis of perfection of title by adverse possession is maintainable...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction in respect of electric motor connection - Plaintiff became co-owner to the extent of 2/3rd share in land previously owned by deceased on the basis of consent decree - There is no reference to electric motor connection in question which was sanctioned..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Injunction suit - Amendment sought to incorporate relief of declaration regarding canal - Plaintiffs had ample clue that defendants would be denying existence of canal - In spite of that plaintiffs chose to restrict their prayer for permanent injunction - There is serious..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)- - Barred by limitation - Suit for declaration, permanent injunction, possession and for setting aside sale deed - Sale deed in question executed in 2009 - Suit filed in the year 2017 i.e after more than 8 years, while limitation for challenging registered sale deed is 3 years - Suit is barred by..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Suit for declaration and permanent injunction by private trust - Pleadings in plaint making out triable issues, which have to be proved by either party during trial by letting in evidence - Issue of limitation is also a mixed question of fact and law requiring proof - Court..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title and permanent injunction - Restraining of defendants from interfering with peaceful possession of plaintiffs - Report of Amin establishes that plaintiffs and defendants were in occupation of their respective shares as per sale-deed - However, plaintiff proved..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment sought to incorporate prayer in the suit for declaring Will null and void - Original suit filed for permanent and mandatory injunction and for declaration that plaintiffs are only legal heirs of deceased - In case amendment is allowed, it will change the nature of..........

Showing : 1-10 of 206 Results