burden of proof in injunction suit

V.B.KARUNAGIRI (Died) vs S.VEERARAGHAVAN - 13 Dec 23

India - Madras

Ratio Decidendi: The burden of proof lies on the plaintiffs to prove their case in a suit for declaration and injunction. ... PROPERTY DISPUTE - MISTAKEN IDENTITY - BURDEN OF PROOF - ADMISSION OF FACTS - IDENTIFICATION OF PROPERTY - SUIT FOR DECLARATION ... The admitted fact #HL_S....

SHAIK REDDY BASHA vs KALPAVALLI VENKATARAMANA REDDY - 28 Feb 25

India - Andhra Pradesh

(Paras 1, 4, 22) ... ... (B) Burden of Proof - In a suit for injunction, the ... the plaintiffs to establish their claim, and failure to do so results in dismissal of the suit. ... prove their right to the rasta and that the burden of proof lies on them - The appeal was allowed, ....

T.K.GEORGE & OTHERS Vs GEORGE THOMAS & OTHERS - 28 Jan 10

India - Kerala

in a suit for injunction. ... for evidence were not warranted in a simple injunction suit. ... identifying properties in a suit for perpetual injunction against trespass initiated by the plaintiffs. ... Those matters cannot be investigated at the instance of the defendants in a suit#HL_END....

Merugu Srinivas vs Badithala Sridhar - 04 Nov 24

India - Telangana

of Advocate Commissioner permissible in a suit for injunction as it amounts to collecting evidence. ... for appointment as burden of proof lies with parties - Revision petition dismissed. ... ... ... Ratio Decidendi: The court held that the appointment of an Advocate Commissioner is not warranted in a suit for #HL_....

Anjalai Vs Mahalingam - 14 Mar 25

India - Madras

illegal occupation or encroachment is not entitled to injunction against the true owner - The burden of proof lies on the plaintiff ... (A) Tamil Nadu Land Encroachment Act, 1905 - Section 7 - Suit for permanent injunction regarding Government poramboke - Plaintiff ... to establish possession at the time of the suit. ... So, the suit ....

M.NAGENDRAM vs GUNTUR SAMBRAYAM - 04 Apr 25

India - Andhra Pradesh

“In a suit for declaration of title, burden always lies on the plaintiff to make out and establish a clear case for granting such ... The suit in O.S.298/1996 on the file of the learned II Addl.District Munsif, Guntur, seeking the relief of permanent injunction

Selvi VS Dorathy Paul - 12 Mar 13

India - Madras

Commissioner for local inspection, the nature of the evidence collected by the Commissioner, and the burden of proof in a suit for ... in a suit for injunction, and the non-binding nature of the Commissioner's report. ... Issues: The issues involved the appointment of an Advocate Commissioner, the ....

Kalamani VS State of Tamil Nadu - 02 Jun 20

India - Madras

Ratio Decidendi: The burden of proof is on the plaintiff in a suit for declaration and permanent injunction. ... Issues: The main issues were the extent of the plaintiff's ownership, the alleged encroachment, and the burden of proof in ... the burden of #HL_STAR....

Rattanu VS Lakhu - 02 Aug 19

India - Himachal Pradesh

Fact of the Case: The plaintiff filed a suit for permanent prohibitory injunction against the defendants, claiming ... the suit was properly valued for the purpose of court fee and jurisdiction. ... Injunction - Land Dispute - [Civil Procedure Code, 1908 - Order 39 Rule 1 and 2] - The court dismissed the suit for permanent ... not paying any heed, hence the ....

Chandrammal VS Jayarama Naicker - 06 Jul 09

India - Madras

of title, and the burden of proof in a suit for declaration and injunction. ... of title, and the burden of proof in a suit for declaration and injunction. ... Code of Civil Procedure - Second Appeal - Section 100 - Suit for dec....

Seethayammal VS K. Ramu - 14 Jul 10

India - Madras

In absence of proof of possession, a suit for permanent injunction may be dismissed. ... Ratio Decidendi: The burden of proof lies with the plaintiff to establish their claim over the property. ... Finding of the Court: The trial court and first appellate court decreed the suit in#HL_EN....

VOLGA VINEETH KUMAR<br/> vs <br/>JAYAKRISHNAN

VOLGA VINEETH KUMAR
vs
JAYAKRISHNAN - 28 Nov 22

India - Kerala

a survey commission, citing that it is unnecessary in a suit for injunction where the burden of proof lies with the plaintiff. ... Ratio Decidendi: In a suit seeking only an injunction, the burden of proof lies with the plaintiff, and there is typically ... Fact of#HL_E....

SUSAI ARUL Vs DASARATHAN(DIED) - 05 Jan 23

India - Madras

- TITLE - BURDEN OF PROOF - INJUNCTION - RELIEF - VENDOR'S TITLE - PROOF - DISMISSAL OF SUIT - NO MERITS - COSTS - NONE - SALE DEED ... SALE DEED - EXECUTION - PROOF - POSSESSION - TITLE - BURDEN OF PROOF - INJUNCTION - RELIEF - VENDOR'S TITLE - PROOF - DISMISSAL ....

P.T.SAMUEL & ORS Vs K.GOPALAKRISHNA PANICKER & ANR. - 10 Sep 09

India - Kerala

indicating it was consistent with the nature of the suit and the burden of proof resting on the plaintiffs. ... Ratio Decidendi: The court reaffirmed that in a suit for permanent injunction, the burden lies on the plaintiffs to prove ... plaintiffs' burden of proof and the appropr....

THIRUNAVUKKARASU vs GOWRI(died) sa stands abated against the r1 - 28 Nov 24

India - Madras

... ... Issues: Whether the trial court and first appellate court erred in placing the burden of proof on the defendants and whether ... owner but fails to establish title or possession - Courts below wrongly placed burden of proof on defendants - Suit dismissed for ... , and the failure to do so resulted in the dismissal o....

M.M.GEORGE vs DAMODHARAN NAIR - 08 Jun 11

India - Kerala

on prior ownership, establishing the necessity of a clear title, reasonable apprehension of harm, and the burden of proof in such ... Is a suit for injunction sustainable when the right claimed is in dispute? 2. ... Can admissions confer title without independent proof? 3. Is the burden of....

Kantharaju VS Basavaraju - 13 Oct 14

India - Karnataka

The court also emphasized the importance of possession in a suit for injunction and the burden of proof on the plaintiff. ... Ratio Decidendi: The court emphasized the importance of possession in a suit for injunction, the burden of proof on the....

M.MURUGESAN (Deceased) vs THE DISTRICT COLLECTOR - 19 Nov 24

India - Madras

, reinforcing the principle that the burden of proof lies with the claimant. ... to the first plaintiff's father in 1963, but defendants contested this claim, leading to the suit for injunction. ... their possession of the suit property and for mandatory injunction for patta - Both lower courts dismissed the suit due....

Kalyani Ammal VS Arumbu Ammal - 28 Sep 12

India - Madras

The burden of proof was placed on the plaintiffs to prove their exclusive possession in a suit for injunction. ... deemed to be co-owners in joint possession until the passing of a final decree, and whether the burden of proof in a suit for bare ... of#H....

Ramalingam VS Thiruvenkadam - 23 Dec 09

India - Madras

- Sale Deed - Presumption of Continuity of Possession - Burden of Proof - Appellate Court's Discretion - Suit for Permanent Injunction ... In a suit for permanent injunction, the primary question is the possession on the date of filing of the suit. ... The court a....

Searched Results

V.B.KARUNAGIRI (Died) vs S.VEERARAGHAVAN - 13 Dec 23

SHAIK REDDY BASHA vs KALPAVALLI VENKATARAMANA REDDY - 28 Feb 25

T.K.GEORGE & OTHERS Vs GEORGE THOMAS & OTHERS - 28 Jan 10

Merugu Srinivas vs Badithala Sridhar - 04 Nov 24

Anjalai Vs Mahalingam - 14 Mar 25

M.NAGENDRAM vs GUNTUR SAMBRAYAM - 04 Apr 25

Selvi VS Dorathy Paul - 12 Mar 13

Kalamani VS State of Tamil Nadu - 02 Jun 20

Rattanu VS Lakhu - 02 Aug 19

Chandrammal VS Jayarama Naicker - 06 Jul 09

Seethayammal VS K. Ramu - 14 Jul 10

VOLGA VINEETH KUMAR vs JAYAKRISHNAN - 28 Nov 22

SUSAI ARUL Vs DASARATHAN(DIED) - 05 Jan 23

P.T.SAMUEL & ORS Vs K.GOPALAKRISHNA PANICKER & ANR. - 10 Sep 09

THIRUNAVUKKARASU vs GOWRI(died) sa stands abated against the r1 - 28 Nov 24

M.M.GEORGE vs DAMODHARAN NAIR - 08 Jun 11

Kantharaju VS Basavaraju - 13 Oct 14

M.MURUGESAN (Deceased) vs THE DISTRICT COLLECTOR - 19 Nov 24

Kalyani Ammal VS Arumbu Ammal - 28 Sep 12

Ramalingam VS Thiruvenkadam - 23 Dec 09

VOLGA VINEETH KUMAR
vs
JAYAKRISHNAN - 28 Nov 22