Showing : 21-30 of 1070 Results

ORISSA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Mere suit for permanent injunction without declaration of title over suit land is not maintainable where a cloud is raised over plaintiff's title and he is not in possession over suit land...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed in default - Plaintiff was present in almost all hearings before trial Court which indicates that he was genuinely pursuing the matter - Application for restoration of suit filed within period of limitation - Plaintiff having filed the suit for declaration and..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Plaintiff proved to be in possession of property - However, bother-in-law of father of plaintiff is trustee of property and he would be entitled to administer the property as per last wishes of father of plaintiff - Plaintiff thus, has no interest in..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Adverse possession-- Suit for declaration of ownership on the basis of adverse possession - Plaintiff cannot seek such a declaration - Adverse possession can be pleaded in defence by a defendant. (Specific Relief Act, 1963, S.34)...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration that plaintiff along with defendants are co-sharers and sale deed executed by defendant No.1 is null and void - Plaintiff categorically stated that suit land was purchased by his father/defendant No.1 from son of their paternal uncle - Suit property thus, not ancestral..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 13, Rule 4-- Exhibition of documents - After closure of evidence of defendants - Suit for declaration - Documents sought to be exhibited are certified copies of Record of Rights and rent receipts - Reason for no, filing of documents at the time of trial is vague - Record of rights are public documents and same..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Limitation Act, 1963, Article 58, 59-- Limitation - Suit for declaration that mortgage deed and sale deed are null and void - Cause of action of suit arose in 1970 when plaintiff got knowledge of sale deed - Suit must have been filed within 3 years of date of knowledge or date of sale deed - Suit filed in 1978 is barred by limitation...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Court Fees Act, 1870, Section 7(iv)(c)-- Ad valorem Court fee - Suit for declaration and cancellation of transfer deed - Transfer deed in question does not show any consideration - Plaintiff therefore, not required to pay Court fee...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration of ownership and permanent injunction - Plaintiffs unable to furnish necessary documentary and oral evidence to prove their claim - Defendant on the other hand put the earlier order involving same property in which is it was held that suit property is related to temple and..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Punjab Package Deal Properties (Disposal) Act, 1976, Section 16-- Jurisdiction of civil Court - Bar of - Suit for declaration of ownership declaring order passed under the Act null and void - Order made by any Officer or Authority under the Act is final and no Civil Court shall have jurisdiction to entertain any suit or proceeding and no injunction shall be..........

Showing : 21-30 of 1070 Results