Showing : 371-380 of 1664 Results

ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96, Order 41-- Appeal - Valuation of appeal - Suit for permanent injunction and declaration - Counter claim - Only the judgment and decree of suit has been challenged in appeal but not the dismissal of counter claim - Valuation of suit thus, would be valuation of appeal for jurisdiction of Appellate Court and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for permanent injunction - Amendment sought to incorporate relief of declaration to challenge sale deeds executed by defendants - Plaintiff came to know about said sale deeds from the written statement of defendants - Amendment sought by plaintiff not barred by..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - Suit for mandatory injunction simplicitor without seeking relief of declaration regarding right of way or access by way an easement is maintainable, where there are no two landlords or two different owners involved in dispute...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 8-- Representative suit for permanent injunction - Matter relating to public property - Permission of Court U.O.1.R.8 CPC necessary before starting of hearing of case not taken by plaintiff - Even trial Court permitted parties to adduce evidences and passed judgment by dismissing suit without..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Suit for mandatory injunction and recovery of damages - Suit filed by unregistered public Trust - Suit is barred in view of S.17 of Registration Act and S.29 of Rajasthan Public Trusts Act, as registration of public Trust is mandatory - Plaint rightly rejected...........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9-- Local Commissioner - Injunction suit - Advocate commissioner can be appointed in a suit for perpetual injunction - However, commissioner cannot be appointed to find out as to who amongst the parties is in possession of property as it is the function of Court...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d), Limitation Act, 1963, Section 22-- Rejection of plaint - Barred by limitation - Suit for damages and injunction - Continuing wrong - Dumping of mining rejects in the suit property - Pleadings are about continuing breach and obtuse attitude in committing the wrong de die in diem - Provision of S.22 of Limitation Act is therefore,..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for cancellation of sale deed and permanent injunction - Suit filed after 24 years of execution of sale deed - Plaintiff came out with a very weak case that his father orally gifted the suit property to him that too three years after execution of sale deed in question -..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Registration Act, 1908, Section 49-- Unregistered document - Suit for permanent injunction - Plaintiffs cannot claim title under said document - However, it could be accepted in evidence and considered for collateral purposes to know the nature of possession claimed by plaintiffs...........
MADRAS HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Plaintiffs were in possession of suit property as on date of filing of suit - Defendants admitted said fact in their written statement - Moreover, defendants do not claim title for suit property - It is therefore, not possible for Court to presume possession in favour of..........

Showing : 371-380 of 1664 Results