Showing : 111-120 of 251 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Agreement to sell -- Specific performance - Suit filed for mandatory injunction directing defendants to execute and register sale deed of the suit land - After six years of execution of agreement to sell plaint got amended seeking relief of specific performance - By then, suit to claim specific performance of the..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 39, 40, 41(h)-- Suit for mandatory injunction directing defendant to discharge obligation of payment of assessed contract value arising out of contract bond with interest - Held, appropriate remedy is to file suit for recovery of money due under the contract - Suit, held, not maintainable...........
DELHI HIGH COURT
Year of decision: 2012
Details
Court Fees Act, 1870, Section 7(v)(e)-- Court fee - Suit for mandatory injunction - Suit was not simpliciter suit for mandatory injunction but in fact it was for relief of recovery of possession and declaration - Suit is required to be valued properly at the market value of the property...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Breach of contract - Only remedy is to claim damages - Suit for declaration and mandatory injunction is not maintainable - Rejection of plaint calls for no interference...........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 88, 207, Order 7, Rule 11-- Rajasthan Tenancy Act, 1955, Sch.III, Item No.5 - Rejection of plaint - Suit for permanent, mandatory injunction and cancellation of sale-deed - Declaration of khatedari rights over agricultural land was the main relief sought - Held, declaration sought could only be granted by Revenue Court -..........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 20-- Territorial jurisdiction - Default in repayment of loan - Forcible seizure of vehicle - Suit for mandatory injunction - Defendant having its branch office at Bangalore, vehicle registered at Bangalore and vehicle seized by defendant at Bangalore - Held, Court at Bangalore has jurisdiction in..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 91, Specific Relief Act, 1963, Section 39-- Suit for mandatory injunction - Construction of roof on public street - Obvious consequence thereof would be that flow of natural light and air to the adjoining premises would be diminished - Suit filed by neighbour for mandatory injunction as construction has caused special damage to him, is..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 39, Punjab Village Common Lands (Regulation) Act, 1961, Section 13-- Construction of roof on a public street - Suit for mandatory injunction by neighbour - Plea that jurisdiction of civil court is barred u/s 13 of Punjab Act - Held, suit for mandatory injunction in respect of construction raised by defendant which caused special damage to plaintiff is within the..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 3, Specific Relief Act, 1963, Section 39-- Plaint completely lacking description of suit properties so as to identify the same - Suit for mandatory injunction to remove construction alleged to have been made by defendant - However, plaint does not contain the breadth and length of the alleged construction or survey numbers, in which..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for recovery of money - Amendment sought to include alternative relief of mandatory injunction/specific performance - Amendment changing basic nature of suit and cause of action - Held, amendment cannot be allowed...........

Showing : 111-120 of 251 Results