Showing : 61-70 of 390 Results

DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Framing of issue - Unregistered gift deed - Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - Unregistered gift deed does not amount to a gift and not created any right in favour of defendant - Since defendant having not claimed any other..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 15-- Disposal of suit at first hearing - Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - Defendant not enforcing the gift - Question of putting suit to trial to determine intention of parties, does not arise - Plaintiff is entitled to a..........
DELHI HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38, 39-- Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - U, registered gift deed - Defendant relied upon a Will executed by plaintiff after deed of gift - Transaction of gift having concluded before execution of Will, is inconsistent to Will..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10, 151-- Stay of subsequent suit - Issue involved in earlier suit for declaration and subsequent suit for permanent injunction though not found either directly or substantially in issue - But relief in subsequent suit dependent on ultimate outcome in earlier suit - S.10 of the Act thus, has no application..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Touchstone upon which suit has to be decided is lawful possession and not ownership - Since defendant filed a separate suit against plaintiff for declaration of ownership of suit property and same is dismissed, there is no need to express any opinion on question of title and..........
DELHI HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 38, Civil Procedure Code, 1908, Order 21, Rule 101-- Suit for declaration that decree of possession passed in civil suit is null and void and also for permanent injunction and compensation - Objections against said decree already filed U.O.21.R.101 CPC in execution petition - Separate suit for declaration against the very same decree is not..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Plaintiff and defendants both purchased an extent of 1.12 acres and 0.80 cents of land respectively from total extent of 1.92 acres - Defendants under the garb of revenue records attempted to encroach into plaintiffs property and claiming extra land..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Maintainability - Where plaintiff established his possession and enjoyment of extent of his share inclusive of extra land as claimed by defendant, there is no need on part of plaintiff to institute suit for recovery of possession of disputed property..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Proof of title - In the instant case, dispute is with regard to open land which plaintiffs claims to be owners in possession - Admittedly, plaintiffs have no documents of ownership of land as land falls within Lal Dora of village - Even, no..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Bar to jurisdiction - Admittedly, plaintiffs have no documents of ownership of land as land falls within Lal Dora of village - However, Gram Panchayat was able to prove that land was Shamlat Deh vesting in Gram Panchayat - Therefore, civil Court has..........

Showing : 61-70 of 390 Results