Showing : 41-50 of 1664 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - For getting back vacant possession of suit property - Defendant claiming protection of his possession on the basis of agreement to sell - Defendant neither filed a suit for specific performance of contract nor had he pursued his counter claim in the suit - On this count..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 22, Rule 5-- Finding on issues - Suit for permanent injunction - Trial Court while decreeing suit not recorded finding on each issue separately as per O.14.R.2 r/w O.22.R.5 CPC - Further, it is not clear from judgment of trial Court that which issue it has decided - It was incumbent upon trial Court in view of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 37, 38-- Permanent injunction - Co-sharer - A co-sharer in exclusive possession of part of joint land is entitled to protect his possession by filing suit for injunction against other co-sharer - Till partition defendant cannot interfere in the possession of plaintiff illegally and forcibly, except in due..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Defendant filed suit for partition against plaintiff and plaintiff filed a suit for cancellation of sale deed and to declare it null and void and for permanent injunction - Parties to suit are also different and nature of case is also different - Application filed by..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title and permanent injunction - Restraining of defendants from interfering with peaceful possession of plaintiffs - Report of Amin establishes that plaintiffs and defendants were in occupation of their respective shares as per sale-deed - However, plaintiff proved..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, 27-- Cancellation of gift deed in favour of grandson executed by grandfather - Jurisdiction of civil Court - Unconditional gift deed executed by grandfather out of love and affection in favour of his grandson - No responsibility cast on grandson to maintain grandfather - Grandfather had even no right..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment sought to incorporate prayer in the suit for declaring Will null and void - Original suit filed for permanent and mandatory injunction and for declaration that plaintiffs are only legal heirs of deceased - In case amendment is allowed, it will change the nature of..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 11, Rule 12, 14-- Production of documents - Suit for possession, mesne profits and permanent injunction on the basis of gift deed executed in favour of plaintiff by her mother - Documents regarding bank statement and details of cheque pertaining to payment in question was sought by plaintiff - Payment in question..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for permanent prohibitory injunction - Concurrent findings of fact of Courts below is on record that plaintiff was not able to prove that suit property was in his possession - Suit property was in fact in possession of estate right holders - Findings entered by both the Courts..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Article 59, Specific Relief Act, 1963, Section 34, 38-- Limitation - Suit for declaration and perpetual injunction - Sale deed executed by defendant no.1 in favour of defendant no.2 during pendency of earlier suit of declaration filed by plaintiff - Question of limitation does not arise since sale deed was executed during pendency of suit property -..........

Showing : 41-50 of 1664 Results