Showing : 381-390 of 1664 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 39- - Mandatory injunction - Seeking vacant possession of house in question from daughter-i, law - Status of son or daughter-i, law in house owned by father and father-i, law, mother and mother-i, law is that of a licensee - In case licensor do not want the licensee in the house owned by him, he can..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 39- - Mandatory injunction - Seeking vacant possession of house in question from daughter-i, law/defendant - Defendant failed to prove that house purchased from funds of Hindu Joint family property - Plea of daughter-i, law that construction of house in question was raised out of funds provided by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of appeal - Bar of subsequent suit - Earlier suit for injunction was dismissed and appeal against the same dismissed as withdrawn - Subsequent suit for recovery of possession in respect of very same subject matter is not maintainable as appeal was withdrawn, when there were findings..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment sought to convert a suit for mandatory injunction into relief of specific performance - Plaintiff invoked jurisdiction of civil Court by filing suit for mandatory injunction when breach was already there and was not prevented to seek specific performance - However,..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for permanent injunction - Dispute as to ownership and possession of plaintiffs over suit property - These are matters relating to fact - Ownership of plaintiff over suit property is admitted and proved fact - Possession on the basis of evidence was decided by first appellate..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Registration Act, 1908, Section 17-- Registration - In a suit for specific performance, if stamp duty is paid as required, issue of registration is irrelevant so long as plaintiff seeks no prayer for protection of his possession by injunction either as a plaintiff suing for specific performance to protect his possession or taking up..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r)-- Temporary Injunction - Suit for partition - In a suit for partition, normal practice is to preserve the property as it is, so that at the time of final decision of suit it may not result in complication and multiplicity of proceedings - Grant of temporary injunction by trial Court restraining not..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r)-- Temporary Injunction - Suit for partition - Appellate court while exercising its powers, is required to act with great care and circumspection - Order of temporary injection is not to be interfered with in routine manner unless and until it is noticed by appellate court that impugned order is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction for setting aside judgment and decree declaring defendant as owner of suit property - Limitation - Once there is an admission in cross examination with regard to execution of sale deed in the year 1981 in favour of defendants, yet there is no challenge..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Once it was admitted by plaintiffs that possession of suit land was with subsequent purchasers, their simplicitor suit for declaration and permanent injunction challenging the impugned decree in favour of defendant and subsequent sale deeds in favour..........

Showing : 381-390 of 1664 Results