Showing : 41-50 of 1559 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction - Question of title - Suit for injunction in which issue with regard to determination of title is framed cannot be decided without deciding issues of title...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent injunction - Possession - Plaintiff must show his lawful possession - Plaintiff not paid rent for more than fifteen years cannot be said his possession is lawful possession entitling him to grant of permanent injunction...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38, Evidence Act, 1872, Section 101, 102-- Suit for permanent injunction - Burden of proof lies on plaintiff to prove that he was in actual and physical possession of property on the date of suit...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit filed u/s 6 of Specific Relief Act - Application for temporary injunction dismissed by Trial Court which was affirmed by first appellate Court - High Court set aside concurrent findings of Courts below, without dealing with any of aspects set out by first appellate..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of intervenors - Suit for declaration of title and permanent injunction - Intervenors asserting their possession over suit land on the basis of oral gift made by defendant - They have also instituted suit along with plaintiffs against defendant in same Court - Said suit is sub judice -..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Mere suit for permanent injunction without declaration of title over suit land is not maintainable where a cloud is raised over plaintiff's title and he is not in possession over suit land...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed in default - Plaintiff was present in almost all hearings before trial Court which indicates that he was genuinely pursuing the matter - Application for restoration of suit filed within period of limitation - Plaintiff having filed the suit for declaration and..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Patents Act, 1970, Section 3(j), 64, 48-- Suit for injunction - Infringement of registered patent - Counter claim of defendants was never considered by single judge as admittedly issues were complicated and required expert evidence to be considered in full fledged trial - Thus, in the absence of any argument before single judge, Division..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Plaintiff proved to be in possession of property - However, bother-in-law of father of plaintiff is trustee of property and he would be entitled to administer the property as per last wishes of father of plaintiff - Plaintiff thus, has no interest in..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for permanent injunction and recovery of possession - Part of suit property alienated to wife of defendant - Interevenor is thus a necessary party to suit - Application allowed...........

Showing : 41-50 of 1559 Results