Specific Relief Act, 1963, Section 34 -- Suit for declaration - Is not barred so long as plaintiff's right to property is a subsisting one - The right to bring declaratory suit is a continuing right so long as right to property itself is subsisting...........
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...........
Specific Relief Act, 1963, Section 34 -- Declaratory decree - It only recognises the pre-existing rights of a person in whose favour such decree or order is passed by the Civil Court - Declaratory decree does not confer any right for the first time - It only recognises a right which already existed in one's favour...........
Civil Procedure Code, 1908, Section 148, 151 -- Provisions are not mere declaratory or regulatory, but in fact are substantive powers which have been vested in the Court by the Legislature with definite intention in mind - Court can pass such orders or directions which would be necessary for achieving the ends of justice...........
Hindu Law -- Alienation by limited owner - An alienation by a limited owner can be binding if it is supported, by legal necessity - Any alienation by widow (of course where she is limited owner) is not binding on the reversioners -However, in such cases the purchaser has the right to enjoy the property alienated during the life of the widow - The reversioners in such a..........
Civil Procedure Code, 1908, Section 47 -- Termination of service - Declared illegal - Back wages - Held, as the decree contained only a declaratory relief without consequential payment of monetary benefits, the executing Court is justified not to grant the relief of back wages...........
Specific Relief Act, 1963, Section 38 -- In a suit for injunction, it is not necessary to claim a declaratory decree provided the plaintiff in the plaint alleges and assert his right or title which he claims in respect of the property and establishes that right in the course of trial - Plaintiff has also to assert that defendant is committing breach or there is..........
Civil Procedure Code, 1908, Section 9 -- Suit for permanent injunction restraining defendant from disconnecting electric supply based on a letter without seeking any declaratory relief that the defendants have no power to disconnect the power supply or to interfere with the enjoyment of power supply or for declaration that the defendants have no power either under the Act..........
Civil Procedure Code, 1908, Section 151 -- Suits for declaration of marital relationship - Interim maintenance - Court has no inherent power u/s.151 CPC to grant interim maintenance in a declaratory suit...........
Service -- Declaratory decree that termination order is illegal and direction for reinstatement - Employee gets a right to receive emoluments etc. as a consequence of such decree - Asking him to file fresh suit for emoluments etc. would be against principles of natural justice and service jurisprudence and would also amount to abuse of the process of the Court. (Specific..........
