Showing : 641-650 of 1400 Results

DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of second suit - Earlier suit filed for permanent and mandatory injunction and second suit for declaration, permanent injunction, recovery of possession and mesne profits - Earlier suit withdrawn but no liberty granted to file a fresh suit on the same cause of action - Plea that relief of..........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Subsequent suit - Bar U.O.2.R.2 CPC - Earlier suit for permanent and mandatory injunction praying that present petitioner be restrained from selling and using the property in question - Present suit has been filed by respondent No.1 for declaration, permanent injunction, recovery of possession and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 41(4)-- Injunction suit - Alternative remedy - Remedy to file suit for specific performance of sale agreement accrued to the plaintiff - Plaintiff filed suit for injunction - Held, suit for injunction is barred u/s 41 (4) of the Act when equally efficacious remedy is available to the plaintiff to file..........
MADHYA PRADESH HIGH COURT
Year of decision: 2010
Details
Court Fees Act, 1870, Section 7(iv)(c)-- Suit for permanent injunction and declaration - Plaintiff making allegation that instrument was void on the ground that document was forged one and it does not bear the signature of the executor - Plaintiff party to the instrument - Held, plaintiff not required to pay ad volrem court fee...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Public street-- Obstruction - Suit for declaration that suit property is a public rasta, for mandatory injunction for removal of structures and injunction from interfering with the use of the same - Suit filed for the benefit of himself and for the benefit of the residents of the locality in respect of usage of a..........
MADHYA PRADESH HIGH COURT
Year of decision: 2010
Details
Court Fees Act, 1870, Section 7(iv)(c)-- Sch. 2, Article 17(iii) - Suit for permanent injunction and for declaration - Plaintiff making allegation that instrument is void and hence not binding upon him - Held, if a declaration simplicitor is prayed, then plaintiff is not required to pay ad volrem court fee - Fixed court fee will be..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - At the behest of a purchaser from a co-owner against another co-owner - Similiciter suit for injunction filed by a purchaser from a co-owner against another co-owner is not maintainable - When suit itself is not maintainable then ad interim injunction cannot be granted -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Haryana Canal and Drainage Act, 1974, Section 24, 25-- Sanctioned and authorised water course - Jurisdiction of Civil Court - Suit for permanent injunction to put restrain on defendant from demolishing water course existing at spot - Held, if water course in question is sanctioned watercourse, then Canal Authorities will have jurisdiction u/s 24 of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Adverse possession-- Plaintiff filed simple suit for permanent injunction against State of Punjab - Declaration of title on the basis of adverse possession not sought - Held, in the absence of crucial pleadings regarding adverse possession and in the absence of evidence to substantiate the same, it cannot be said that..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for permanent injunction can be allowed to be converted into a suit for specific performance if suit for specific performance is within time to avoid multiplicity of litigation as in case of refusal, petitioner can file a suit for specific performance separately...........

Showing : 641-650 of 1400 Results