Showing : 1-10 of 87 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 115-- Estoppel - Suit for declaration of ownership - Original owner bequeathed all his properties in equal shares in favour of his two wives i.e plaintiff and defendant no.11 by way of Will - Validity of Will is not in dispute between parties - Plaintiff not alleged to have declared or made anyone else..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by law - Recovery suit - Defendant sought rejection of plaint on the ground that suit is not maintainable against any officer or servant of Trust u/s 97 of Town Improvement Act - However, plaint cannot be rejected merely on the basis of bar contained under said..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100, 99-- Second appeal - Suit for specific performance - Concurrent findings of both the Courts below regarding no, execution of agreement of sale, which was basis of suit is on record - Substantial question of law whether said agreement is admissible or inadmissible in evidence becomes irrelevant and will..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Death of original plaintiff - Substitution on the basis of Will - Suit for cancellation of Will - Respondents seeking their substitution on the basis of Will executed by plaintiff in their favour - Question regarding validity of Will can be adjudicated as and when case is finally decided -..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Cause of action - Suit for declaration and permanent injunction on the basis of Will and Codicil - Testator of Will is still alive thus plaintiff has no cause of action to file the suit, as contended by defendant - However, documents in question are created in praesenti -..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit with liberty to file fresh suit - Plaintiff wants to convert the suit for permanent injunction to specific performance on the basis of agreement to sell - Originally suit for permanent injunction filed against President and Secretary individually - Appropriate party would be..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for cancellation of sale deed - Sale deed in question was registered document - Plaintiff filed the suit on the basis that her mother was not well and sale deed was got executed by playing fraud by defendant - Defendant was none other than real sister of mother of plaintiff -..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Partition suit - Property in question jointly inherited by plaintiff and defendants Nos.1 to 15 and 17 to 21 from their paternal uncle - Status of plaintiff and said defendants was as co-owners of suit property as Class-II legal heirs - Defendant No.1 failed to prove that he is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction - To restrain defendants from interfering in peaceful possession - Plaintiff claiming title and possession over suit land on the basis of Will - Will not seen the light of day for about ten years - Will not disclosed even during earlier litigation pertaining to same land nor produced..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Will-- Suspicious circumstances - Testatrix executed Will in favour of her nephew/defendant to the exclusion of other nephew (husband of plaintiff) - Testatrix and her husband looked after by defendant for the last 10-20 years and that's why testatrix executed her last and final Will in favour of..........

Showing : 1-10 of 87 Results