Showing : 21-30 of 1241 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration that plaintiffs along with defendant no.4 are in joint possession of suit land - Without seeking relief of possession - Suit property in the hands of father of parties is his self acquired property - Father of parties not executed any Will in favour of anyone of them -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and perpetual injunction - Plaintiff claimed that suit land and temple constructed thereon belongs to their family - However, no document of title was relied upon by plaintiff to establish his claim - As per revenue record ancestors of plaintiff only shown as Manager - Even..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction in respect of electric motor connection - Plaintiff became co-owner to the extent of 2/3rd share in land previously owned by deceased on the basis of consent decree - There is no reference to electric motor connection in question which was sanctioned..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1963, Article 58, 65-- Suit for declaration and possession - Limitation - Merely because one of the reliefs sought is of declaration that will not mean that outer limitation of 12 years is lost - Suit will be governed by Art.65 of Limitation Act...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Injunction suit - Amendment sought to incorporate relief of declaration regarding canal - Plaintiffs had ample clue that defendants would be denying existence of canal - In spite of that plaintiffs chose to restrict their prayer for permanent injunction - There is serious..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Mitakshara Law-- Co-parcenary property - Alienation by Karta without legal necessity - Suit for declaration by plaintiff - Locus standi - Plaintiff being son of Karta a male coparcener in suit property, was vitally affected by purported sale of suit property by his father - He therefore, had locus to file suit for..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)- - Barred by limitation - Suit for declaration, permanent injunction, possession and for setting aside sale deed - Sale deed in question executed in 2009 - Suit filed in the year 2017 i.e after more than 8 years, while limitation for challenging registered sale deed is 3 years - Suit is barred by..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Suit for declaration and permanent injunction by private trust - Pleadings in plaint making out triable issues, which have to be proved by either party during trial by letting in evidence - Issue of limitation is also a mixed question of fact and law requiring proof - Court..........
DELHI HIGH COURT
Year of decision: 2019
Details
Agreement to sell -- Suit for specific performance - Maintainability - Termination of agreement prior to filing of suit - Merely because no declaration is sought that termination is illegal, it cannot be said that suit for specific performance is not maintainable...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38, 39-- Injunction suit based on easementary right - Suit for mere injunction without seeking relief of declaration is not maintainable...........

Showing : 21-30 of 1241 Results