Showing : 11-20 of 245 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of proceedings in subsequent suit - Two different suits filed in different jurisdiction for same estate - Suit at Ambala seeks decree of mandatory injunction directing petitioner to vacate suit premises and hand over its possession on basis of oral family settlement in 1998 whereas suit at..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 39-- Suit for mandatory injunction - Against a family member who is in joint possession of property - Maintainability - Property belongs to mother - She permitted both sons to reside in the same house jointly but executed Will in favour of plaintiff only - Once it is established that defendant has no..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 9, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 331-- Jurisdiction of civil Court - Suit for permanent injunction and mandatory injunction - - If suit for permanent injunction and mandatory injunction along with ancillary relief of possession was filed before civil Court, civil Court had right to entertain said suit u/s 9 of the Act - Moreover, issue..........
DELHI HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - Directing daughter-in-law to vacate the house - House in the ownership of plaintiff - Daughter-in-law residing in the house with her husband - Not a case of daughter-in-law that her husband, even if residing in the house has any right to the house - House does not qualify as..........
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...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim mandatory injunction - Granting interim mandatory injunction for restoring ante status quo position of suit property is the rule and not the exception...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim mandatory injunction - Cannot be granted when the suit itself was for grant of very same relief by way of decree of mandatory injunction - But when party seeks to restore ante status quo position of suit property, legal position would be different and it would be exceptional circumstance..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - At appellate stage - Suit for permanent injunction - Amendment sought to incorporate relief of mandatory injunction - Appellate Court while adjudicating application U.O.6.R.17 CPC, was justified as unless the issue of amendment was decided at this stage, further proceedings..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 38, 39-- Permanent and mandatory injunction - Encroachment - No evidence on record brought by plaintiff to prove that there was encroachment at the instance of defendants except self serving statement of plaintiff - Demarcation report is of the year 2005 and no explanation has come forth in filing suit in..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 38, 39-- Suit for permanent and mandatory injunction - Restraining defendant from interfering in possession of plaintiff and to remove the cement platform - Plaintiff proved his possession in the suit property by producing property tax receipts as well as receipt for payment of electricity charges -..........

Showing : 11-20 of 245 Results