Showing : 231-240 of 683 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Adverse possession -- Burden of proof - If a plaintiff successfully establishes his title over suit property, he is entitled for relief of recovery of possession and burden to prove that a defendant has perfected his title through adverse possession squarely rests upon defendant who raises such plea...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, Constitution of India, 1950, Article 226-- Unauthorized occupants - Regularization of construction - Prayer for - There is no decision in favour of petitioners with regard to regularization of their unauthorized possession as petitioners have been held to be in unauthorized possession in proceedings carried out under the Act of 1973 and..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Partnership Act, 1932, Section 69(2)-- Partnership - Suit for recovery of amount filed by an unregistered firm - Held, subsequent registration of partnership firm cannot cure the defect of filing the suit in the name of an unregistered firm - Suit filed on behalf of unregistered firm not maintainable...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 106, Arbitration and Conciliation Act, 1996, Section 8-- Expiry of lease period - Arbitration clause does not survive - Determination of lease on expiry of lease agreement - Suit for possession and damages on account of use & occupation - Subsistence of a lease under a lease deed would only be up to the period specified there in and once the lease deed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 115-- Principle of acquiescence - If suit is filed for recovery of possession and there is claim of ancillary relief, a mandatory injunction for removal, then acquiescence cannot come in the way - But where plaintiff does not ask for mandatory injunction directing defendant to demolish construction,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Co-owner-- Suit for possession - Held, any one of the co-owners can sue successfully in ejectment or recovery of possession of whole of the property...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Rent and Eviction -- Eviction - Validity - Property does not have Khasra number - Difficulty in assessing actual identity of the property - Held, proper adjudication in summary proceeding under Rent Control Act is not possible - Best course shall be to consign landlord, whoever is owner to file suit for recovery of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5, 6-- Eviction - Case set up by petitioners was that they were not in unauthorized possession but had purchased property in dispute in auction - However, their auction was not confirmed - Contention that though amount deposited by them towards auction money has been returned but interest has not been..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 9, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 17, 18-- Suit against Bank for recovery of damages - Jurisdiction of Civil Court - Not barred - Jurisdiction of civil Court is barred only when banks and financial institutions file application for recovery of debts due to such banks and financial institutions and not when private person files suit against..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Written statement - Amendment - Defendant seeking to introduce counter claim by way of amendment of written statement - Suit for specific performance - Defendant by way of counter claim seeking recovery of possession of suit property, which according to him was wrongly occupied by plaintiff -..........

Showing : 231-240 of 683 Results