Showing : 2001-2010 of 2426 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Limitation, Article 58,113-- Plaintiff seeking declaration of title in property and defendant denying plaintiff's title - Suit under Section 34 Specific Relief Act - There can be no right to sue until there is accrual of right asserted in the suit and its infringement or at least a clear and unequivocal threat to infringe..........
SUPREME COURT OF INDIA
Year of decision: 1997
Details
Limitation Act, 1963, Article 65-- Suit based on title for possession - Once title established on the basis of relevant documents and other evidence - Unless defendant proves adverse possession for prescriptive period - Plaintiff cannot be no, suited - Under Article 142 of Old Limitation Act, 1908, plaintiff had to prove not only..........
KARNATAKA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101-- Once an application is filed by the aggrieved person under Rule 97 or 99, then Rule 101 bars the filing of a separate suit on any question arising between the parties including the questing relating to the right, title and interest in the property...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1997
Details
Specific Relief Act, 1963, Section 34-- Declaratory suit of title - Not barred so long as plaintiffs right to such property is a subsisting one - Right to bring declaratory suit - A continuing right so long as right to property is subsisting - Limitation Act, Article 58...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Suit for declaration of title is not barred so long as plaintiff's right to such property is a subsisting one - The right to bring declaratory suit is a continuing right so long as right to property itself is subsisting...........
KARNATAKA HIGH COURT
Year of decision: 1997
Details
Specific Relief Act, 1963, Section 37-- Injunction suit - Maintainability of suit by party who has proved only his possession and not title to suit property - Where relief prayed for is to restrain person with no better title, from disturbing possession of party, party is entitled to relief, and title to suit property is not relevant..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Suit for declaration of title and injunction - Seventh defendant owning land in another Survey number filing application for appointment of Commissioner to fix the boundaries of his land and suit land - Dismissal of application on technical ground that it was not pressed for four years till the..........
DELHI HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for permanent injunction - Amendment to change the basis to that of title to the property - It amounts to introducing a new cause of action - Amendment disallowed - Order upheld...........
ORISSA HIGH COURT
Year of decision: 1997
Details
Limitation Act, 1963, Article 65-- Once plaintiffs title is established he is not required to prove that he was in possession within 12 years of the suit - Until the defendant establishes loss of plaintiff's title on account of the defendant bring in adverse possession for more than the statutory period, the plaintiff is entitled..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1997
Details
Criminal Procedure Code, 1973, Section 397, 401-- Revision - Interlocutory order - Court of Addl. Chief Judicial Magistrate ordering release of goods in question in favour of complainant on superdari - In revision the court of Addl. Sessions Judge ordering the release of goods on superdari to the person from whom they were recovered - Plea that..........

Showing : 2001-2010 of 2426 Results