Showing : 251-260 of 683 Results

GUJARAT HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 59-- Suit for redemption of mortgage and suit for possession - In some respects both the suits are similar - However, there are vital differences also - In a suit for redemption, on proof of valid mortgage, redemption could be granted, whereas in title suit, plaintiff is required to establish his title..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 3, Specific Relief Act, 1963, Section 6-- Suit for recovery of possession - Inadequate description of suit property - Effect - Held, if it is found in suit that plaintiff did not describe an item of immovable property, which is subject-matter of suit, as provided U.O.7.R.3 CPC, he can be permitted to seek necessary amendment - At same..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Recovery suit - Impleadment - No claim filed against petitioner - Held, they cannot be considered as necessary party - Application for impleadment filed by petitioners rightly dismissed - Revision dismissed...........
CALCUTTA HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 106-- Termination of tenancy - Suit for recovery of possession - Application filed by respondent/landowner for summary judgment under chapter XIII-A of High Court Rules, Original Side - Affidavit-i, Opposition filed by appellant/tenant contending that termination was wrongful as it was done contrary to..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Suit for recovery of Rs.3.25 lacs as arrears of lease money - It shall be expedient and in the interest of justice so as to obviate the possibility of the petitioner disposing its assets with a view to defeat the decree that may ultimately be passed, that attachment..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 13, Rule 3-- Impounding of document insufficiently stamped - Suit for recovery on basis of receipt - Receipt bearing signatures of defendant only - Amount forming part of consideration of sale of plots which defendant received without having title over plots - Held, receipt cannot be termed as agreement -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 15, Rule 5, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3)-- Suit for recovery of arrears of rent - Both Courts below have concurrently held that petition itself was not maintainable as the property in dispute is not covered by the provisions contained in S.1(3) of 1973 Act - Held, when once it is held that petition/suit is itself not maintainable, no..........
PATNA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 5, 34, 38-- Suit for declaration of title, recovery of possession and permanent injunction - Declaration sought that defendant has no right to close windows in wall of house of plaintiff and a direction to remove construction made over suit land and permanent injunction restraining defendants from making any..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for permanent injunction - By way of amendment of plaint relief of declaration of title, recovery of possession and mandatory injunction claimed - Such amendment does not alter the nature of suit - Order allowing amendment, upheld...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Suit for recovery of money - Suit decreed - Delay in filing appeal - Delay condoned with direction to deposit half of the decretal amount and permitted plaintiff to withdraw half of the amount so deposited - Order upheld...........

Showing : 251-260 of 683 Results