Showing : 851-860 of 1454 Results

MADRAS HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Protection of Women From Domestic Violence Act, 2005, Section 17, 2(f)-- Right of wife to live in shared household - Husband not allowing wife to live in shared household - Wife trespassed into house - Husband threatening forcible dispossession - Wife filing suit for permanent injunction restraining husband from disturbing or interfering in her peaceful possession -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 38, Transfer of Property Act, 1882, Section 53A-- Suit for permanent injunction - Possession delivered in pursuance of agreement to sell - Suit is not maintainable in absence of relief prayed for specific performance of agreement...........
FINANCIAL COMMISSIONER, HARYANA
Year of decision: 2007
Details
Punjab Land Revenue Act, 1887, Section 37(b)-- Mutation - Negative Decree - Mutation sanctioned in favour of Respondent No. 5 on the basis of consent decree - Civil Suit by Respondent No. 5 for permanent injunction against Respondent No. 1 to 4 - Dismissed - Mutation sanctioned in favour of Respondent No. 1 to 4 on the basis of dismissal of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 39,, Rule 1, 2-- Injunction against execution of decree - Decree for possession - Execution filed - Another suit regarding same subject matter - Injunction granted against execution of decree - Decree passed after contest - No prima facie case made out in view of Sec. 11 of C.P.C. - Not open to the Courts below to..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit - Challenge to execution of sale deed - Original suit for declaration of title and injunction - Said suit was withdrawn - No liberty to file fresh suit granted - Order allowing withdrawal cannot constitute a decree - It cannot debar the defendant from taking the defence in the..........
MADRAS HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 37, 38, 39-- Passage - Plaintiff claiming exclusive rights - Defendant claiming it to be a common lane for both plaintiff as well as defendant - Both parties relying upon documents - Suit for permanent injunction and mandatory injunction, without having the title declared, is not maintainable...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Agreement to sell - Specific performance - Filing of suit during pendency of suit for permanent injunction - When suit for injunction filed cause of action for filing suit for specific performance was not available to plaintiff - Cause of action in a suit for permanent injunction is different than..........
FINANCIAL COMMISSIONER, PUNJAB
Year of decision: 2007
Details
Punjab Land Revenue Act, 1887, Section 111, 116, 117, 118, 119, 120, 121, Specific Relief Act, 1963, Section 37-- Mode of partition - Ex-parte proceedings - Civil suit for injunction by the respondent, proceeded ex-parte - Injunction refused. Held - Civil Suit for injunction is different from partition proceedings. Injunction normally refused qua another co-sharer of a joint khata. The purpose of partition..........
KARNATAKA HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 34, 36-- Suit for declaration of title and injunction - Widow claiming title to property gifted to her husband by way of registered gift deed when he was alive - Her brother claiming title to property on basis of entry in record of rights - Presumption arising from entry in record of rights is rebuttable..........
KARNATAKA HIGH COURT
Year of decision: 2007
Details
Limitation Act, 1963, Article 58, Specific Relief Act, 1963, Section 34, 36-- Suit for declaration of title and injunction - Defendant claiming title in himself on basis of entry in record of rights - Suit filed within three years of date of getting knowledge about entry in record of rights - Held, suit is not barred by limitation...........

Showing : 851-860 of 1454 Results