Showing : 1-10 of 154 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1963, Article 59-- Limitation - Suit for declaration that deed of cancellation of gift deed and deed of transfer is invalid, null and void - Donor had no authority to revoke gift deed - Hence, subsequent documents i.e transfer of property were in themselves without authority and null and void - Declaration was only..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Hindu Law -- Coparcenary property - Alienation by father - Suit property had lost its status of coparcenary property in 1985, when mutation in respect of property in question was attested in favour of wife and son of grandfather of plaintiff - Said mutation remained as it was, without there being any challenge..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Wakf Act, 1954, Section 6-- Wakf property - Suit for declaration - Limitation - Once property after survey is registered in list of wakfs as Wakf-Al-Allah on basis of finding recorded by Survey Commissioner in its report, dispute regarding nature of wakfs registered is open to be examined only within four corners of S.6 of..........
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..........
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...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of ownership on the basis of sale deed - It is always open for the defendant, who is stranger to the Sale Deed, to raise a plea that either the Sale Deed is not binding to him or the same was without consideration or it was a nominal Sale Deed or void or fictitious, for that..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34-- Second appeal - Suit for declaration of title - Plea of adverse possession - As per oral and documentary evidence on record plaintiff has failed to establish continuous, uninterrupted and peaceful possession over the suit land - Claim of title by adverse possession held, not maintainable -..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent injunction without seeking relief of declaration - Maintainability - Where defendants failed to establish their claim of title, possession and enjoyment of disputed property and plaintiffs on the other hand proved their ownership, possession and enjoyment of suit property, there..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Simple suit for permanent injunction without seeking declaration of title is not maintainable, when plaintiff's title is in cloud of suspicion...........

Showing : 1-10 of 154 Results