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ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit for mere injunction without seeking a prayer for declaration of title is maintainable...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Limitation Act, 1963, Article 65 -- Limitation - Adverse possession - Once a suit for recovery of possession is filed against defendant in adverse possession, his adverse possession does not continue thereafter as the moment such suit is filed, running of time for acquiring title by adverse possession gets arrested...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - A stranger to the contract making independent claim adverse to the title of vendors is neither a necessary party nor proper party to join as defendant in a suit for specific performance of contract of sale...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Section 100, Transfer of Property Act, 1882, Section 43 -- Second appeal - Doctrine of `feeding the grant by estoppel' - Benefit of right and title u/s 43 of T.P.Act cannot be claimed for the first time in second appeal without there being any foundation in pleadings and without any evidence being mixed question of facts and law and not being..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne Profits - As a general rule the decision on issue of future mesne profits will not be made in suit filed for declaration of title and recovery of possession...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Title dispute - Court in a domestic violence petition cannot go into title dispute as the relief in respect of property as claimed by complainant is not available under the Act and remedy of complainant is only in Civil Court - When petition itself is not maintainable, implicating all..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Agreement to sell -- Title to property does not pass under an agreement to sell and it continues to be with vendor till registered sale deed is executed in favour of purchasers...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - In a suit for injunction though the issue is confined to possessory aspect but if right to possession of property cannot be decided without deciding title to property and if such issue is decided in favour of party though not formally framed, it would operate as res judicata in a subsequent litigation...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Specific Relief Act, 1963, Section 38 -- Permanent Injunction - A person who is in unlawful possession, is not entitled to claim permanent injunction without seeking appropriate relief of declaration of title...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Suit for injunction - Title of plaintiff to suit property denied by defendant - Filing of an application for amendment of plaint seeking declaration of title in appeal - Allowing such application by appellate Court is not justified...........

Showing : 11-20 of 174 Results