Showing : 61-70 of 1165 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Plaintiff claimed to be owner and in possession of suit property on the basis of agreement to sell - However, agreement in question was not registered and even same was not on proper stamp paper - Agreement to sell is thus, not admitted in evidence..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction on the basis of agreement to sell - Limitation - Agreement to sell executed in the year 1987 and sale deed in favour of defendants executed in the year 1994 - Suit filed in the year 2004 - Nothing on record that steps were taken by plaintiff to get..........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration of title and permanent injunction - Unregistered partition deed - Said document can be relied on only for collateral purpose - In present case, plaintiff failed to prove possession over suit land, thus, said partition deed could not be used for collateral purposes - More so,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Separate suit for declaration that ex parte decree is result of fraud - A small irregularity in the report of process server would not make the judgment and decree fraudulent particularly when party to the suit was not proceeded against ex parte on the aforesaid report...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 14, Rule 5-- Framing of additional issues - After closure of plaintiff's evidence - Suit for declaration - Grant of declaration is dependent upon claims set up by plaintiffs on the basis of two Wills and one family settlement - Plaintiffs had already concluded their evidence and after closing of the same..........
GAUHATI HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Mere permission for possession from rightful owner, cannot entitle a person to claim right, interest and title over suit property nor this makes his possession to be absolute...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Evidence in rebuttal - Suit for declaration - It is obligatory on part of plaintiff to lead substantive evidence at affirmative stage - Plaintiff cannot be allowed to lead evidence in rebuttal in respect of an issue, the onus of which was on plaintiff himself...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 68-- Suit for declaration - Proof of Will - Evidence of three witnesses clearly states that contents of Will were read over to testatrix - They also deposed that testatrix affixed her thumb mark in the presence of attestors and scribe - In turn, attestors also attested the document in testatrix's..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 37, Limitation Act, 1963, Article 65-- Suit for declaration, permanent injunction and possession - Limitation - Since suit was for declaration, permanent injunction and possession, Art.65 of Limitation Act is applicable which provides limitation of 12 years to be counted from the date when possession of defendant becomes adverse to..........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title and possession - Suit property was self acquired property of father of plaintiffs - Father of plaintiffs granted license in favour of defendant - Defendants remained ex parte before Trial Court and did not led any evidence - They have not controverted plea of license..........

Showing : 61-70 of 1165 Results