Showing : 1-10 of 1414 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39, Limitation Act, 1963, Article 113-- Suit for mandatory injunction - Limitation - Three years when right to sue accrues - It is residuary article 113 of Limitation Act which applies in absence of any other article applicable to such a suit...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - Forcible dispossession - Suit for mandatory injunction is not maintainable on account of forcible dispossession - Grant of mandatory injunction is not a substitute of suit for possession...........
ORISSA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Simple suit for permanent injunction without seeking declaration of title is not maintainable, when plaintiff's title is in cloud of suspicion...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of third party - Suit for declaration of title and injunction - Petitioner purchased part of suit property much prior to filing of suit by plaintiff - Decree of suit will not bind petitioner - Petitioner held, cannot be said to be necessary or proper party to suit - Application for..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34, 37-- Suit for declaration, damages and injunction filed in High Court on its original side - Leave to file suit granted - Revocation of leave sought on the ground that High Court at Calcutta has no territorial jurisdiction - Revocation of leave - Such question cannot be considered on the basis of..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 32, Rule 2, 3-- Person of unsound mind - Suit filed through natural guardian/mother - Suit was instituted by plaintiff through his mother acting as his next friend - Interest of mother is not adverse to plaintiff - Mere filing of suit for injunction by plaintiff through testamentary guardian against his mother..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction - Question of title - Suit for injunction in which issue with regard to determination of title is framed cannot be decided without deciding issues of title...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent injunction - Possession - Plaintiff must show his lawful possession - Plaintiff not paid rent for more than fifteen years cannot be said his possession is lawful possession entitling him to grant of permanent injunction...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38, Evidence Act, 1872, Section 101, 102-- Suit for permanent injunction - Burden of proof lies on plaintiff to prove that he was in actual and physical possession of property on the date of suit...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit filed u/s 6 of Specific Relief Act - Application for temporary injunction dismissed by Trial Court which was affirmed by first appellate Court - High Court set aside concurrent findings of Courts below, without dealing with any of aspects set out by first appellate..........

Showing : 1-10 of 1414 Results