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..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 6, Specific Relief Act, 1963, Section 34 -- Suit for a mere declaration - Plaintiff entitled to further relief of mandatory injunction - Failure to claim - Suit not maintainable as a mere declaratory decree not executable - Suit for declaration that plaintiff a bona fide auctio, purchaser of trees standing in..........
Punjab Land Revenue Act, 1887, Section 45, 158 -- Punjab Land Records Manual, Para 9.9 - Khasra Girdawari entry, correction of - During pendency of proceedings Khasra Girdawari entry incorporated in later Jamabandi - Decree for permanent injunction in favour of petitioner - Objection that finding of Civil Court of no relevance in view of provisions of Section 158 read with..........
Punjab Land Revenue Act, 1887, Section 3(8) -- Effect of amendment by Act 4 of 1974 - Not retrospective - By amendment definition of 'defaulter' enlarged - A new liability in relation to village headman created - Amendment of clause (8) of Section 3 neither expressly made retrospective nor procedural, explanatory or declaratory...........
Limitation Act, 1963, Article 58 -- Suit for a declaratory decree that order based upon fraud etc. and for possession of land - Not correct that suit can be filed within '2 years as relief of possession prayed for - Declaratory decree necessary before relief of possession can be granted - Article 58 applicable - Suit should be filed within 3 years..........
Specific Relief Act, 1963, Section 34 -- Declaratory suit claiming title or right- Relief cannot be claimed as of right - Discretion with Court whether to allow it or not - To be exercised in a judicious manner- Gross delay and laches - Disentitles claim to discretionary and equitable belief...........
