Showing : 61-70 of 325 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Possession-- Claimed as alternative relief - Suit for declaration with consequential relief of injunction and alternative relief of possession - Grant of decree of declaration and permanent injunction - Appellate Court modified decree by granting relief of possession also as it came to conclusion that suit..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Validity of gift deed in earlier suit for injunction though left open by trial Court to be decided in separate suit but appellate Court proceeded to consider the validity and genuineness of gift deed by upholding the same - Appellate Court did not make any reservation as was made by..........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Court Fees Act, 1870, Section 7(iv)(c)-- Court fees - Suit for declaration and permanent injunction - Without claiming relief of possession, relief of permanent injunction is treated as `Substantial Relief' and not as Consequential Relief, which does not attract S.7(iv)(c) of the Act...........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Court Fees Act, 1870, Section 7(iv)(c)-- Court fees - Suit for declaration that sale deeds are null and void and permanent injunction - Once plaintiffs were not party to sale deeds and defendant has not disposed of properties as Karta of Joint Hindu Family then certainly rigors of S.7(iv)(c) of the Act is not attracted and plaintiffs..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Non-disclosure of cause of action - Suit for declaration and injunction - Plaint clearly disclosed various facts and reliefs - Whether plaintiff succeeds or not can be ascertained only after full fledged trial - At this stage, trial Court cannot conclude that suit is not..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Non-framing of substantial question of law - Suit for permanent injunction and declaration - Questions raised in second appeal did constitute substantial questions of law within the meaning of S.100 CPC - High Court unfortunately did not examine any of issues much less in its..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 37, 38-- Suit for permanent injunction - Suit for declaration, injunction and recovery of possession filed by defendant by way of counter claim - Plaintiffs in possession and enjoyment of suit property - Defendants have not produced any other document except patta to establish their title over property -..........
MANIPUR HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Suit for declaration and permanent injunction - Defendant made admission that plaintiff purchased the suit land under a sale deed - However, legality and correctness of said sale deed is challenged by defendant - There is no clear and u, equivocal admission as regards..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for declaration of title and injunction - Obstruction caused by defendant - Courts below after examining the evidence on record concurrently found that defendants have created the obstruction as alleged by plaintiff - Findings so recorded are pure findings of fact and does not..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Non-joinder of necessary party - Suit for declaration and mandatory injunction - Plaintiff himself admitted that one of survey no of suit property stood in the name of one person - Having not impleaded the said person, suit is hit by no, joinder of necessary party...........

Showing : 61-70 of 325 Results