Showing : 31-40 of 207 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Easements Act, 1882, Section 33-- Violation of easementary rights - Suit for declaration and permanent prohibitory injunction - Plaintiff earlier filed suit in which plea of adverse possession was taken by her - Plea of easementary rights in the teeth of earlier suit in which plea of adverse possession was taken, is not available..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration of title and permanent injunction - Amendment sought to seek a decree of declaration of ownership and possession over C schedule property - Though new plea is sought to be raised by plaintiff but it cannot be found that plea sought to be raised is totally..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for permanent injunction - Relief of declaration of title and recovery of possession sought on basis of subsequent event, as defendants encroached suit property and made constructions over it - Proposed amendment if permitted neither introduce change in nature and..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Plaintiff claimed to be owner of suit property under sale deed - However, plaintiff failed to establish his vendor's title, possession and enjoyment of suit property - Title of his vendor based on the strength of partition list - No proof placed to..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Plaintiff claims title to suit property on the basis of Patta jointly granted in favour of plaintiff and defendant - Defendant thrown a serious challenge to claim of plaintiff's title, possession and enjoyment of suit property before institution of suit - Plaintiff should..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 13, Rule 4-- Admissibility of documents - Suit for declaration, confirmation of possession and for permanent prohibitory injunction - Defendants not even raise a little finger when sale deeds in favour of plaintiffs and prior owners being exhibited - No objection was raised by defendants while certified copies..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Neither predecessor-i, title of plaintiffs and nor plaintiffs had any subsisting right, title and interest in suit property on the date of filing of suit, as suit property was acquired by State - Defendants filed the documents in appeal by away of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of limitation - Suit for declaration and permanent injunction - Plaintiffs asserted that suit was filed immediately after getting knowledge about fraudulent sale deed executed by defendants by keeping them in dark about such execution and within 2 days from refusal by..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47-- Objection by JD - Execution - Decree for declaration, permanent and mandatory injunction - JD failed to lead any evidence before trial Court when proceedings were undertaken in suit filed by plaintiffs - He cannot be permitted to raise objection on merits of decree before executing Court, as said..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for declaration and permanent injunction - Cause of action - Even made out from the averments made by defendant in application for rejection of plaint - Order rejecting plaint, set aside...........

Showing : 31-40 of 207 Results