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Results of suit for declaration and permanent injunction possession

Showing : 61-70 of 113 Results

GAUHATI HIGH COURT

Year of decision: 2012
Details

Specific Relief Act, 1963, Section 34 - - Suit for declaration of possession and permanent injunction - Applicability of proviso to S.34 - Plaintiffs prayed in the suit for confirmation of their possession and permanent injunction against defendants, particularly, against defendant in appeal from disturbing their possession - Held, there was no question of praying for..........

MADHYA PRADESH HIGH COURT

Year of decision: 2012
Details

Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem court-fees - Levy of - Suit for declaration, permanent injunction - Possession of suit property sought as consequential relief - S.7(iv)(c) would be applicable - Land in question not assessed to land revenue being agricultural land - As it was situated within municipal limit, ad valorem court-fees payable as per value of..........

MADHYA PRADESH HIGH COURT

Year of decision: 2012
Details

Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem court-fees - Liability to pay - Sale of joint family properly by `Karta' of family - Suit for declaration of permanent injunction and possession by son of Karta - Son of Karta would be liable to pay ad valorem court-fees...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability of - There is no discussion or finding with regard to title of parties to schedule property, which is subject matter in present suits, either substantially or incidentally - Held, it cannot be said that since Court in earlier suit had considered all documents marked on behalf of plaintiffs in present..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Limitation Act, 1963, Article 58 -- Declaratory suit - Revenue entries - Limitation to challenge - Held, in a suit for declaration as well as permanent injunction, limitation will not start w.e.f. the date an adverse entry is made in revenue record but when actual possession of plaintiff is threatened by other party u/Art.58 of Limitation Act - Time would begin to run not..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Formal defect - Liberty to file fresh suit - Plaintiffs in their plaint have sought declaration and permanent injunction only - However, plaintiffs now are admittedly not in possession of suit property - Consequently, they have to claim relief of possession of suit property - Held, for granting permission..........

RAJASTHAN HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Suit for declaration and setting aside sale and permanent injunction - Subsequent suit for possession, mesne profits and injunction - Parties and the land in question is one and the same but the matter in issue is altogether distinct in both the suits as such provision of S.10 CPC is not applicable -..........

BOMBAY HIGH COURT

Year of decision: 2011
Details

Specific Relief Act, 1963, Section 38 -- Permanent injunction - Maintainability - Plaintiff sought permanent injunction against defendants on ground that he has been in possession of suit property and defendants were disturbing his possession - Plaintiff's suit is not based on title - Reference in plaint to grant in favour of father of plaintiff is only to show as to how..........

BOMBAY HIGH COURT

Year of decision: 2011
Details

Specific Relief Act, 1963, Section 38 -- Permanent injunction - No prayer for declaration sought - Effect thereof - Held, in a suit for permanent injunction based on possession there is no need for prayer for declaration of title and Court should confine itself regarding possession only...........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Consequential relief of permanent injunction and alternative relief of decree for possession claimed - Suit cannot be dismissed on the ground that simpliciter suit for declaration without claiming relief of possession is not maintainable...........

Showing : 61-70 of 113 Results