Search Results for "Declaration and injunction"

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Supreme Court Allows NALCO's Appeal, Sets Aside Injunction in Arbitration Dispute — Civil Suit for Declaration and Injunction Not Maintainable When Arbitration Agreement Exists. Objections to Arbitration Agreement Must Be Raised Under Section 16 of Arbitration and Conciliation Act, 1996.

The Supreme Court allowed the appeal filed by National Aluminium Company Limited (NALCO) against the order of the High Court of Punjab & Haryana which...

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Supreme Court Allows Plaintiff's Appeal in Suit for Declaration and Injunction — Order 7 Rule 11 CPC Application Dismissed as Pleas Should Be Raised in Written Statement. The Court held that the defendants' objections did not warrant rejection of plaint and directed trial on merits.

The Supreme Court of India heard cross-appeals arising from a civil suit filed by Alpana Gupta (plaintiff) against APG Towers Pvt. Ltd. and another (d...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Supreme Court Allows Appeal in Adverse Possession Case — Declares Plaintiff Owner of Encroached Land. Court Holds That Mere Long Possession Without Hostility and Knowledge Does Not Confer Title by Adverse Possession Under Limitation Act, 1963.

The appellant, Mallikarjunaiah, filed a civil suit seeking declaration of title and injunction in respect of certain agricultural lands, including 1 G...

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Supreme Court Remands Case to High Court for Fresh Hearing Due to Inconsistent Order and Lack of Reasons in Injunction Dispute. The High Court's order granting injunction to both parties was set aside as it failed to consider that the plaintiff's injunction application was not appealed.

The appellant, Shri Revansiddeshwar Pattan Sahakari Bank Niyamit, was defendant No. 2 in a civil suit filed by respondent No. 1, Taluka Tokrekoli (Amb...

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Supreme Court Allows Appeal in Indigent Person Case — Dismissal of Application Under Order 33 CPC Not a Bar for Filing Appeal Under Order 44 CPC. The Court held that the appellate court must conduct a fresh inquiry into the applicant's indigent status at the appellate stage under Order 44 Rule 3 CPC.

The appellant, Sushil Thomas Abraham, filed a civil suit for recovery of Rs.74,66,107/- as an indigent person under Order 33 Rule 1 CPC, claiming inab...