Showing : 21-30 of 1652 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Co-sharer -- Sale of property by one co-owners - Purchaser put in possession of a specific portion - Raising of construction by purchaser - Suit for injunction does not lie - Remedy is to file suit for partition - Sale of land by a co-sharer of property which is in his exclusive possession is subject to..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and perpetual injunction - Plaintiff claimed that suit land and temple constructed thereon belongs to their family - However, no document of title was relied upon by plaintiff to establish his claim - As per revenue record ancestors of plaintiff only shown as Manager - Even..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent prohibitory injunction - Once it is proved that plaintiff is in possession, then regardless of title of property or capacity in which plaintiff is holding property, he would normally be entitled to an injunction...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent prohibitory injunction - Plaintiff specifically stated that at the time of filing suit he was in possession of suit land - Said fact is neither denied by defendant in his written statement nor denied at the time of arguments - Plaintiff also specifically stated that defendants..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction in respect of electric motor connection - Plaintiff became co-owner to the extent of 2/3rd share in land previously owned by deceased on the basis of consent decree - There is no reference to electric motor connection in question which was sanctioned..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Title to property can only be incidentally gone into in a suit for injunction and a detailed examination on question of title is normally not undertaken in a suit for injunction, more particularly in an application for temporary injunction - Since both the Courts have..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent injunction - Agreement to sell - Plaintiff is entitled to protect his possession, may be under an agreement of sale, except in due course of law - Relief of injunction cannot be denied on the ground that agreement to sell is unregistered...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent injunction - Agreement to sell - Suit even when filed after accrual of cause of action to file suit for specific performance, plaintiff is entitled to seek relief of injunction by proving that he is in settled and permissive possession of suit property...........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Land acquired by Acquisition Authority much earlier to the plaintiff purchasing suit property - Proceedings in respect of land would be governed by Land Acquisition Act which is special and comprehensive Act - Remedy even for relief of injunction is not available before civil..........
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..........

Showing : 21-30 of 1652 Results