Showing : 1-10 of 239 Results

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...........
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...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for mandatory injunction - Objection regarding maintainability of suit being barred by law was raised by defendant - Court below not examined the issue raised by defendant while discussing relevant provision invoked by him in the backdrop of subject matter of suit -..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 3, Article 65, Specific Relief Act, 1963, Section 39-- Limitation - Suit for mandatory injunction - Encroachment - Plaintiff failed to plead about the date on which defendants encroached suit track - Plea of adverse possession taken by defendant - However, they failed to prove the same - Defendant admitted that encroachment made is temporary in nature..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39-- Suit for declaration of title and mandatory injunction - Encroachment - Plaintiff did not produce any documents in respect to his title - However, admission made by defendants will prove existence of suit land - Construction made by defendants are all temporary in nature - Report of Advocate..........
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..........

Showing : 1-10 of 239 Results