Showing : 11-20 of 1070 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Haryana Ceiling on Lands Holdings Act, 1972, Section 26(b), Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Civil suit for declaration challenging legality of order passed by Prescribed Authority under 1972 Act is clearly barred by S.26(b) of 1972 Act - Remedy of plaintiffs in such case lies in filing appeal/revision u/s 18 of the Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 54-- Registered sale deed - Suit for declaration challenging sale deed - Non-examination of Sub-Registrar - Registration of sale deed carries a presumption of truth - However, withholding Sub-Registrar is one of ground for dismissal of suit, as if at all there was some truth, efforts should be made to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of ownership - Limitation - There is no limitation for a true owner to seek declaration qua his ownership unless party in possession of suit property is able to establish that title of true owner gets extinguished by lapse of time on account of his having become owner on basis..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of third party - Suit for declaration of title and injunction - Petitioner purchased part of suit property much prior to filing of suit by plaintiff - Decree of suit will not bind petitioner - Petitioner held, cannot be said to be necessary or proper party to suit - Application for..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34, 37-- Suit for declaration, damages and injunction filed in High Court on its original side - Leave to file suit granted - Revocation of leave sought on the ground that High Court at Calcutta has no territorial jurisdiction - Revocation of leave - Such question cannot be considered on the basis of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for mere declaration and possession - Without seeking prayer for setting aside sale deeds in question not maintainable, where sale deeds in question were executed by father on himself or on behalf of his minor son without obtaining permission of Court, as alienation is voidable at the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Article 58-- Limitation - Suit for declaration of ownership - Limitation would not be arrested in case title is asserted on the basis of inheritance...........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of intervenors - Suit for declaration of title and permanent injunction - Intervenors asserting their possession over suit land on the basis of oral gift made by defendant - They have also instituted suit along with plaintiffs against defendant in same Court - Said suit is sub judice -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Suit as per S.34 Proviso of the Act, can be dismissed only if plaintiffs are entitled to further relief which has not been prayed for - Once plaintiffs were not entitled to any further relief, S.34 Proviso of the Act would have no application...........
ORISSA HIGH COURT
Year of decision: 2019
Details
Adverse possession-- Government property - Plaintiffs paid penalty in Encroachment case to government - When penalty is paid, plaintiff admits title of State - Possession is thus, not hostile to real owner and amount to denial of title to property claimed - Even plaintiffs have failed to prove date of entry into suit..........

Showing : 11-20 of 1070 Results