Search Results for "discretion of court"

11 result(s) found

Scroll Down To Discover

Found 11 result(s)

© Image Copyrights Juris Services & Technology

High Court of Karnataka Dismisses Second Appeal in Property Title Dispute Involving Multiple Previous Suits. Court Examines Maintainability Under Order 2 Rule 2 CPC and Relief Requirements Under Section 34 of Specific Relief Act, 1963 Regarding Declaration Without Consequential Possession.

The dispute originated from a property suit O.S.No.156/2010 filed by seven plaintiffs seeking declaration of title and permanent injunction regarding ...

© Image Copyrights Juris Services & Technology

Supreme Court Allows Appeal in Title Suit Over Land Dispute, Reversing High Court on Requirement to Challenge Sale Deed. Plaintiff Established Title Through Valid Gift Deed Under Muslim Law, Making Subsequent Sale Deed Void Ab Initio and Unnecessary for Cancellation Under Code of Civil Procedure, 1908.

The dispute involved a title suit over land where the appellants, as legal heirs of the original plaintiff, claimed ownership through a registered gif...

© Image Copyrights Juris Services & Technology

Bombay High Court Refused Permission to Abandon Part of Declaration Claim at the Appellate Stage. 

Order XXIII Rule 1(1) of the Code of Civil Procedure, 1908 – Right to Withdraw Suit or Abandon Part of Claim – Appellate Stage – Effect of Trial...

© Image Copyrights Juris Services & Technology

Bombay High Court Affirmed Maintainability of Suit for Negative Declaration of Marital Status

Declaration of Legal Character – Suit Seeking Negative Declaration – Section 34 of the Specific Relief Act, 1963 – Jurisdiction of Civil Courts ...

© Image Copyrights Juris Services & Technology

Court Dismisses Plaintiff's Application for Decree on Admission in Property Dispute. Lack of clear and unequivocal admissions by Defendants leads to rejection; Trial Court directed to expedite proceedings within one year.

The Plaintiff sought a decree on admission under Order XII Rule 6 of the Civil Procedure Code (CPC), based on alleged admissions by the Defendants reg...

© Image Copyrights Juris Services & Technology

Supreme Court Dismisses Civil Appeal in Property Dispute Involving Settlement Deeds and Limitation. Vested Interest Under Transfer of Property Act, 1882, Section 19 Upheld, with Suit Not Barred by Limitation Under Limitation Act, 1963, Article 65.

The dispute originated from a series of settlement deeds executed in 1947 and 1952 by Thayammal, involving property rights granted to her sons and dau...

© Image Copyrights Juris Services & Technology

Supreme Court Dismisses Defendant's Appeal Against Amendment of Plaint in Specific Performance Suit. High Court's Liberal Approach to Allowing Amendment for Enhancing Damages After 31 Years Upheld, with Issue of Limitation Kept Open for Trial Under Code of Civil Procedure, 1908.

The Supreme Court of India adjudicated a civil appeal arising from a special leave petition, where the appellant, Life Insurance Corporation of India,...

© Image Copyrights Juris Services & Technology

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.

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