Showing : 81-90 of 1146 Results

CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9-- Local investigation report - Challenge as to - Commissioner's report on ground that he did not superimpose case map and settlement map - Suit for declaration - Commissioner took paddy plot and private plots as fixed points with the help of both parties - Petitioner neither objected to mode of..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for permanent injunction - Relief of declaration of title and recovery of possession sought on basis of subsequent event, as defendants encroached suit property and made constructions over it - Proposed amendment if permitted neither introduce change in nature and..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Plaintiff claimed to be owner of suit property under sale deed - However, plaintiff failed to establish his vendor's title, possession and enjoyment of suit property - Title of his vendor based on the strength of partition list - No proof placed to..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, Transfer of Property Act, 1882, Section 118-- Suit for declaration that exchange of property between father of plaintiff with his brother is invalid - Maintainability - Property acquired by father of plaintiff in partition although is separate property qua other relations, but it is coparcenary property insofar as his sons and grandsons are..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Plaintiff claims title to suit property on the basis of Patta jointly granted in favour of plaintiff and defendant - Defendant thrown a serious challenge to claim of plaintiff's title, possession and enjoyment of suit property before institution of suit - Plaintiff should..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 37, 38-- Suit for injunction, declaration and possession - When can be filed - Where plaintiff is in possession, but his title to the property is in dispute, or under a cloud, or where defendant asserts title thereto and there is also a threat of dispossession from the defendant, plaintiff will have to sue..........
JHARKHAND HIGH COURT
Year of decision: 2018
Details
Mohammedan Law, Section 307(3)-- Suit for dissolution of marriage by husband - Maintainability - None of the provisions under Mohammedan Law permits husband to obtain decree of divorce through a judicial declaration - Suit, held not maintainable...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 101-- Burden of proof - Suit for declaration - Relief claimed is of declaration of title - Burden therefore heavily is upon plaintiffs to establish that documents filed by them relate to suit property...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 5-- Written statement - Specific denial - Suit for declaration - Defendant in his written statement clearly denied the possession and title of plaintiffs - Moreover, by pleading adverse possession plaintiffs have themselves admitted title of defendants, which is not extinguished - Objection raised by..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - In earlier suit issue of title adjudicated as part of the issues struck in a suit for grant of decree of possession - Same binds parties and subsequent suit does not lie for declaration of title...........

Showing : 81-90 of 1146 Results