Search Results for "Declaratory relief"

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Search Results for "Declaratory relief"

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Supreme Court

Supreme Court Allows Defendant's Appeal in Land Dispute and Quashes Permanent Injunction Granted to Plaintiff. Court held that when plaintiff fails to obtain declaration of title and suit for cancellation of sale deed is time-barred, permanent injunction to protect possession cannot be granted as it is a consequential relief and requires lawful possession under Specific Relief Act, 1963.

3 Mar 2022

The dispute involved agricultural land where the plaintiff's husband executed a registered sale deed in 1975 in favor of the defendant for the entire ...

Supreme Court

Supreme Court Dismisses Appeal in Cooperative Society Plot Allotment Dispute Due to Lack of Maintainability and Unclean Hands. Dispute Raised by Non-Members and Rival Claimants Under Section 61 of Andhra Pradesh Cooperative Societies Act, 1964 Was Not Maintainable as It Did Not Touch Constitution, Management or Business of Society.

11 Jan 2022

The appeal arose from a dispute over allotment of a plot measuring 3.2 cents in a layout formed by the N.G.O. Cooperative Building Society Ltd. The Go...

Supreme Court

Supreme Court Dismisses Plaintiffs in Property Declaration Suit Due to Omission of Possession Relief. Suit for Declaration and Injunction Held Not Maintainable Under Section 34 of Specific Relief Act, 1963 as Plaintiff, Not in Possession, Failed to Seek Further Relief of Possession.

25 Nov 2021

The dispute originated from a suit filed in 1987 by Arakeri Abbaiah, the original plaintiff, seeking declaration of ownership and permanent injunction...

Supreme Court

Supreme Court Dismisses Tenant's Appeal in Tenancy Dispute Under Andhra Pradesh Tenancy Act. The court upheld the High Court's decision, finding no subsisting landlord-tenant relationship or valid sale agreement to support purchase rights under Section 16(1) of the Andhra Pradesh Tenancy (Andhra Area) Act, 1956.

27 Oct 2021

The dispute arose from a tenancy matter under the Andhra Pradesh Tenancy (Andhra Area) Act, 1956. The appellant, Musunuri Satyanarayana, claimed to be...

Supreme Court

Supreme Court Allows Wife's Appeal in Hindu Marriage Act Amendment Case, Permitting Counter-Claim for Declaration of Void Second Marriage. The Court held that delay in amendment application is not fatal under Order VI Rule 17 CPC when necessary to decide real controversy and avoid multiplicity of proceedings, and counter-claim for declaratory relief under Section 23A Hindu Marriage Act, 1955, is permissible in divorce petition.

7 Oct 2021

The dispute arose from a marriage solemnized on 1.3.1987 between the appellant-wife and respondent-husband under Hindu rites, with a child born on 3.5...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Property Dispute Due to Res Judicata Bar from Prior Representative Suit and Compromise Decree. The Court Held That a Judgment in a Representative Suit Under Section 92 of the Code of Civil Procedure, 1908, Binds All Interested Parties Under Explanation IV to Section 11, and a Compromise Decree Precludes Re-agitation of Title Issues, Affirming Lower Court Decisions.

23 Sep 2021

The dispute centered on a property claimed as wakf by the Jamia Masjid Gubbi, represented by its President, against defendants including successors of...

Supreme Court

Supreme Court Reverses High Court Judgment in Date of Birth Alteration Case Under Karnataka State Servants (Determination of Age) Act, 1974. Statutory Limitation Under Section 5(2) Bars Belated Claims and Civil Court Jurisdiction is Excluded Under Section 6, Making Delay Fatal for Employee Seeking Change After 24 Years.

21 Sep 2021

The dispute arose from an employee's request to change his date of birth in service records from 04.01.1960 to 24.01.1961 after 24 years of service. T...

Supreme Court

Supreme Court Allows Plaintiff in Property Injunction Suit by Reversing High Court Judgment on Maintainability and Jurisdiction. The Court held that a suit for bare injunction is maintainable without a declaration prayer even when title is disputed, and the High Court exceeded its jurisdiction under Section 100 of the Code of Civil Procedure, 1908 by reappreciating evidence.

2 Sep 2021

The dispute originated from a suit filed by the plaintiff seeking perpetual injunction to restrain the defendants from interfering with the peaceful p...

Supreme Court

Supreme Court Dismisses Appeal in Civil Suit Over Drain Dispute, Upholding Bar on Civil Court Jurisdiction Under Municipal Act. Civil Court Lacked Jurisdiction as Guwahati Municipal Corporation Act, 1971 Provided Implied Bar and Alternate Remedy Through Commissioner for Drain-Related Rights, Leading to Plaint Rejection Under Order VII Rule 11(d) of Code of Civil Procedure, 1908.

10 Aug 2021

The dispute arose from a title suit filed by the appellant against the respondent in the Court of Munsif No.2, Kamrup Guwahati, seeking a declaration ...

Supreme Court

Supreme Court Allows Appeal in Land Auction Dispute, Reversing High Court's Declaration of Auction as Null and Void. Dispute Involved Title to Land Under Urban Land (Ceiling and Regulation) Act, 1976 and Validity of Auction by Development Authority, with Trial Court Upholding Auction and High Court Overturning It.

5 Aug 2021

The appeal arose from a judgment of the High Court of Judicature at Allahabad, which allowed a first appeal under Section 96 of the Code of Civil Proc...

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