Showing : 1-10 of 250 Results

DELHI HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - Eviction of daughter-in-law from suit property - Relationship between husband and his parents are not acrimonious - Daughter-in-law was clearly living with her i, laws and her husband till disputes arose between her and her husband - Relationship between parties is not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - Revocation of license - Suit for mandatory injunction is legally maintainable where a license of licensee is revoked - Suit for mandatory injunction is maintainable to prevent breach of an obligattion...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - Revocation of license - Plaintiffs were not required to lead any evidence that they had given shop to defendant as licensee - Revocation of license by notice is sufficient to file a suit for mandatory injunction and possession...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Non-joinder of necessary party - Suit for declaration, permanent and mandatory injunction - Ownership of erstwhile owner of property stood extinguished automatically by coming into force of H.P. Tenancy and Land Reforms Act and it was defendant being tenant who was owner thereof - He is thus, not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39, 41(h)-- Suit for mandatory injunction - When efficacious remedy in the form of suit for recovery is available then filing of suit for mandatory injunction is hit by S.41(h) of Specific Relief Act...........
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..........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39, Limitation Act, 1963, Article 113-- Suit for mandatory injunction - Limitation - Three years when right to sue accrues - It is residuary article 113 of Limitation Act which applies in absence of any other article applicable to such a suit...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - Forcible dispossession - Suit for mandatory injunction is not maintainable on account of forcible dispossession - Grant of mandatory injunction is not a substitute of suit for possession...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Protection of Women From Domestic Violence Act, 2005, Section 12-- Right of residence - Shared household - Pending suit for mandatory injunction for eviction of daughter-in-law filed by father-in-law - Admittedly, wife stayed in the said house with the husband till the husband managed to flee abroad - Hence, Court below rightly concluded that right of..........

Showing : 1-10 of 250 Results