Showing : 51-60 of 74 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 39-- Mandatory Injunction - Public street - Encroachment - Suit for mandatory injunction for removal of obstructions/encroachment - Municipal Council has statutory right to remove unauthorized encroachment - Right exercised by Municipal Corporation not for the benefit of itself but for the benefit of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 39, Court Fees Act, 1870, Section 7(iv)(d)-- Public Street - Encroachment of - Suit for removal of encroachment - Court fee - Public street not have any market value as it is meant for public use - Not personal property of Municipality - Adveloram Court fee not payable - Suit for mandatory injunction maintainable...........
MADRAS HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 37, 38, 39-- Passage - Plaintiff claiming exclusive rights - Defendant claiming it to be a common lane for both plaintiff as well as defendant - Both parties relying upon documents - Suit for permanent injunction and mandatory injunction, without having the title declared, is not maintainable...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Specific Relief Act, 1963, Section 39-- Identification of property - Suit for mandatory injunction for removing construction and filling up well - Decreed by Trial Court and affirmed by First Appellate Court - Courts holding plaintiff owner of plot - Property identified with reference to boundaries mentioned in plaint and report &..........
RAJASTHAN HIGH COURT
Year of decision: 2006
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - Plaintiff admitted to be in possession by defendant in their own suit which they withdrew - Second suit not filed by defendants - Plaintiff dispossessed with help of administrative authorities - Suit of plaintiff for mandatory injunction is maintainable - Decree for..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Specific Relief Act, 1963, Section 15, 39, Limitation Act, 1963, Article 54-- Limitation to file suit for specific performance - Agreement to sell executed in 1975 - No time fixed for registration of sale deed - Vendor sold property to third person - Notice by subsequent purchaser in 1978 - Suit for specific performance filed in January 1979 - No issue framed regarding..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - Obstruction in passage - Prayer for removal of junction box - Defendant not filling written statement - No ground to decree the suit straightway - Plaintiff to prove his own case and have to stand on his own legs - Concurrent findings of facts by Courts below that no..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Specific Relief Act, 1963, Section 39, Easement Act, 1882, Section 60(b)-- Licence - Revocation - Suit for mandatory injunction - Immediately after termination or revocation of licence, a licensee does not become a trespasser - Suit for mandatory injunction is maintainable if suit is filed within a reasonable time - In case suit is not filed with promptitude then in that..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52, Specific Relief Act, 1963, Section 39-- Licence - Termination - Suit for mandatory injunction is maintainable after termination of licence by issuing a notice and licensee refusing to hand over vacant possession to the licensor...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52, Specific Relief Act, 1963, Section 39-- Licence - Termination - Suit for mandatory injunction - Licence terminated on 11.7.1991 and suit for mandatory injunction filed on 24.8.1991 - Held, there is no delay in filing suit for mandatory injunction and the same is maintainable - It is only in cases where there is delay that a licensor may..........

Showing : 51-60 of 74 Results