Showing : 1-10 of 51 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction - Co-sharer in joint possession - Restraint order that without seeking partition, parties not to alienate, mortgage and raise construction - If one of the parties/co-sharer is granted liberty to raise construction, it would create multifariousness, much less, create impediments and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Suits Valuation Act, 1887-- Suit filed for mandatory injunction claiming possession in the alternative - Plea that suit for possession without seeking declaration of title is not maintainable - Once relief of possession is sought, declaration is implicit...........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 37, 38-- Suit for injunction - A person out of possession, cannot seek relief of injunction simpliciter, without claiming relief of possession...........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Court Fees Act, 1870, Section 7(iv)(c)-- Court fees - Suit for declaration and permanent injunction - Without claiming relief of possession, relief of permanent injunction is treated as `Substantial Relief' and not as Consequential Relief, which does not attract S.7(iv)(c) of the Act...........
DELHI HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 6-- Dispossession - Suit for possession and mandatory injunction - Issue of title does not arise in a suit u/s 6 of the Act - Court is only concerned with possession of party claiming to have been dispossessed - Trial Court erroneously gone into issues other than possession and dismissed the suit..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 38, 39-- Suit for permanent and mandatory injunction - Without seeking relief of possession - Suit is maintainable, where defendants illegally constructed the structure on suit property, as relief of demolishing the illegal structure in substance was for possession of property...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 38, 39-- Permanent and mandatory injunction - Restraining defendants from interfering in the suit property and demolishing the illegal structure over suit property - Plaintiffs are owners of property, as they inherited the same from their father, who acquired the same as a permanent grant for construction..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Constitution of India, 1950, Article 142-- Moulding of relief - Suit for Permanent and mandatory injunction - Restraining defendants from interfering in the suit property and demolishing the illegal structure over suit property - In order to balance the equities and do complete justice between both the parties, Court while exercising..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 14, Rule 3-- Non-framing of an issue - Issue as to no, joining of necessary parties - Suit for declaration with consequential relief of possession and injunction, dismissed without framing said issue - No opportunity was afforded to plaintiffs to move an application for impleading necessary parties - Order..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Once it was admitted by plaintiffs that possession of suit land was with subsequent purchasers, their simplicitor suit for declaration and permanent injunction challenging the impugned decree in favour of defendant and subsequent sale deeds in favour..........

Showing : 1-10 of 51 Results