Court : Karnataka
Reported in : ILR1996KAR465; 1996(5)KarLJ306
..... or if he fails to claim the formal decree for declaration, he shall not be granted the relief for injunction because of failure to claim a formal relief of declaratory decree as has been provided in section 34 of the specific relief act with respect to declaratory decrees. this difference of the language used in the provisions of chapter-vi and chapter-vii ..... of the specific relief act, clearly reveals the intention of the legislature. had the legislature so intended that no suit ..... relief, namely, declaratory decree to the effect that plaintiff be declared to have acquired or to be possessed of easementary right of passage over the land in dispute, has got no substance for the reasons hereinafter.10. before i proceed further it will be profitable and beneficial to refer to certain provisions of the specific relief act, 1963. section 34 of the specific relief act ..... special provision to the effect that ,n a suit for declaration if the plaintiff has been able to seek further relief, but, he has not done so, the court shall not grant declaratory decree or declaratory relief, that is, the act specifically itself appears to give a negative direction to the effect that no declaration should be granted in those circumstances. section .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1974KAR1275; 1974(2)KarLJ205
..... by defendant 1 of defendants 2 and 3 are irregular, void, illegal and inoperative, and that such a relief cannot be obtained under the provisions of the specific relief act. both the courts below have failed to consider whether, under the provisions of the specific relief act, a declaratory relief of the nature claimed by the plaintiff can be granted. a suit for declaration and injunction fs governed by ..... the specific relief act, 1963, (hereinafter called the act). the grant of specific relief of declaration or injunction, is a discretionary remedy. section 34 of ..... to the decision in lakshminarasimha somayajiyar v. ramalingam pillay, 39 mad lj 319 = (air 1920 mad 573) where it has been observed that section 42 of the specific relief act is not exhaustive of the declaratory suits entertainable by civil courts. there the suit was for a declaration of the invalidity of the election of a member of a taluk board and it was .....Tag this Judgment!
Court : Guwahati
..... election petitioner has challenged the election of the returned candidate on the grounds stated therein. the grounds for setting aside an election has been statutorily provided in the act. such election petition is not like that of a declaratory suit under the specific relief act. it is purely a statutory remedy relating to an election dispute to be decided strictly within the provisions of the ..... act. right to be elected is neither a fundamental right nor a common law right but it is a statutory right, pure and simple; so out side the statute there ..... , the election petitioner cannot be permitted to challenge the status of the respondent no. 2 as scheduled caste tangentially or co-laterally in, an election petition like that in a declaratory suit. what is such circumstances is to be seen is the prima facie substance of the allegations, which the petitioner has miserably failed to prove.in view of the aforesaid ..... allegations of any corrupt practice are made in the petition.the necessary requirement as to what should contain in the petition, relief that may be claimed and the procedure for trial of such election petition has also been provided in the act.in the instant election petition there is no allegation of any corrupt practice against anybody. further the election petitioner has .....Tag this Judgment!
Court : Mumbai
Reported in : (1947)49BOMLR697
..... declaration that the provisions of sub-section (2) and/or (3) were not complied with. apart from the difficulty created by the words used in section 42 of the specific relief act, under which declaratory decrees are granted, such view is poor satisfaction to the aggrieved employee. it was argued that on such declaration being obtained the administrative side of the government are expected ..... the service of the crown without having been given a reasonable opportunity of showing cause within the meaning of sub-section (3) of section 240 of the constitution act. on the question of the relief to be granted in such a case the majority observed (p. 141):-that leaves only the actual remedy to be considered. as indicated earlier, mr. lall is ..... -section (4) is new. we are of the view that parliament enshrined these provisions in the body of the act deliberately in order to provide public servants with safeguards the contravention of which should give them a right of action for appropriate relief. the distinction between the consequences flowing from the contravention of a statutory rule, such as the provision corresponding to ..... the language of the section that compels us so to limit the relief that ought to follow upon contravention of its provisions.14. it is useful to recall that while sub-sections (1) and (2) of section 240 reproduce the provisions of section 96b of the government of india act, 1915, sub-section (3) enacts in the form of a statutory provision .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1935All817
..... accept the correctness of this view. the learned judges did not lay down that even where a plaintiff expressly states that he does not claim cancellation, but only a declaratory relief contemplated by section 42, specific relief act, the court should nevertheless treat the suit as one for cancellation and compel the plaintiff to pay enhanced court-fee. the learned judges further observed that:a ..... vernacular is not available in this court. if the learned judges meant to lay down that a suit for cancellation of an instrument under the provisions of section 39, specific relief act, was a mere declaratory suit under schedule 2, article 17(iii), then with great respect we are unable to agree with that view. the only reported cases brought to our notice in ..... member. the question was whether the suit should be considered to be one for a simple declaratory relief or for a declaratory relief with a consequential relief. it was held thatwhere a suit is for the cancellation of an instrument under the provisions of section 39, specific relief act, the relief is not a declaratory one. it falls neither under section 7(vi), (c), nor under schedule 2, article ..... decision of this court reported in kalu ram v. babu lal : air1932all485 . this lays down that where a suit is for the cancellation of an instrument under section 39, specific relief act the relief is not a declaratory one. it falls neither under section 7(4)(c) nor under schedule 2. article 17(3), but under article 1, schedule 2, court-fees .....Tag this Judgment!
Court : Allahabad
Reported in : (1886)ILR8All365
..... of contracts is expressly declared to be 'capable of correction by a court of appeal,' no such provision exists in the specific relief act as to declaratory decrees. i will say nothing as to the effect of the word 'shall' in the proviso to section 42, because, even if the plaintiff's whole case be accepted, that ..... of 1859), and numerous rulings are to be found in the reports as to the exact scope of declaratory relief. the matter is now governed by the provisions of section 42 of the specific relief act (i of 1877), and i have before now, in the case of balgobind v. ram kumar i.l.r. 6 all. 431 had occasion to express the manner in ..... , and the prayer of the plaintiff. the discretion is now regulated by section 42 of the specific relief act, and i have already said enough to indicate that, if the allegations of the plaintiff are true, a suit of this nature, so far as it prays for declaratory relief, would be maintainable : and i wish to take this opportunity of expressing a view which i ..... which i interpret that section in its application to declaratory suits by hindu reversioners. according to those views, and with reference .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1932All485
..... is not available in this court. if the learned judges meant to lay down that a suit for the cancellation of an instrument under the provisions of section 39, specific relief act, was a mere declaratory suit under section 2, article 17(3), then with great respect we are unable to agree with that view. the only reported cases brought to our notice in ..... registration office for a note to be made by the registering officer in his books, is much more than a mere declaratory relief. it is undoubtedly a substantial relief of a nature differing from a declaratory one.8. we may note that section 39, specific relief act, is in ch. 5 which is headed 'of the cancellation of instruments,' whereas there is a separate ch. 6 headed ..... cancellation of a decree, or to be more accurate, for the setting aside of a decree is not a declaratory relief only. the effect is not merely a declaration as to a person's character or status as contemplated by section 42, specific relief act, but the effect will be to render the decree void and incapable of execution and will free the plaintiff from ..... all further liability under it. the claim therefore is not merely for a declaratory relief falling under schedule 2, article 7(3). nor does the relief fall under section 7(4)(c). there is .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1983AP214
..... effect depending upon facts of each case.in vemareddy ramaraghava v. konduru seshu, : air1967sc436 the supreme court held that s. 42 of the specific relief act is not exhaustive of the cases in which a declaratory decree may be made and the courts have power to grant such a decree independently of the requirements of the section. similar view was taken ..... breach of contract to enable them to recover the sum of rs. 700/- therefore, in the circumstances the initial relief claimed cannot be labelled as bare declaratory relief. the issue was framed regarding the maintainability of suit and applicability of the specific relief act and the court on an appraisal of facts and the court on an appraisal of facts and circumstances negatived the ..... decision can be summed up. the bare declaratory relief touching the contractual right not accompanied by a consequential relief is barred under s. 42 (old) and sec. 34 (present) of the specific relief act and the bare declaratory relief can be granted if it constitutes relief in the nature of legal right or right to property. sec. 34 of the specific relief act is not exhaustive of all the circumstances ..... and recourse to o.7 r. 7 c.p.c. is not excluded in appropriate cases.6. the relief prayed for in the suit on .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR2005Raj77; RLW2005(1)Raj366; 2004(4)WLC513
..... conferred has to be seen.29. in the proviso to section 34 of the specific relief act which deals with declaratory decree, the expression used by the legislature is not 'other relief' but 'further relief'. the further relief must be a relief, flowing directly and necessarily from the declaration sought and a relief appropriate to and necessarily consequent upon the right or title asserted. it does not ..... the right of worship being civil right any interference with the same can be restrained by means of an injunction etc. and a declaratory decree can be passed for declaring such rights under section 34 of the specific relief act, 1963 and hence worshiper of a temple can sue for declaration.24. the next question which arises for consideration is whether the ..... decree dtd. 14.1.1970 which was passed on the basis of compromise was simply a declaratory decree and its execution could not be enforced by ..... be accepted.34. it may further be stated here that simple declaratory decree passed by the competent court and the declaratory decree passed by the competent court on the basis of compromise stand to some extent on different footing and in a compromise declaratory decree, consequential relief flows necessarily from the relief of declaration, therefore, from that point of view also, the .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1985Cal315,1985(1)CHN129,89CWN372
..... not come within the scope and ambit of section 34 of the specific relief act, 1963 and the declaratory relief prayed for in the instant suit not being covered and prohibited by section 34 of the specific relief act, the said suit is not governed by the specific relief act. accordingly, section 41(b) of the specific relief act has no manner of application in the instant suit. hence the ..... case of vemareddi v. konduru seshu, : air1967sc436 . in the said decision, the supreme court has noted that section 42 of the specific relief act, 1877 is not exhaustive and declaratory suit not contemplated in the specific relief act can be instituted and in the facts of the case under consideration of the supreme court it has been held that the said case does ..... and the said application should have been dismissed because of the provisions of section 41(b) of the specific relief act, 1963. mr. sarkar has contended that section 42 of specific relief act, 1877 or section 34 of the specific relief act, 1963 are not exhaustive and some declaratory suits which may not strictly come within the purview of the said section, can also be brought ..... the case of vemareddi (supra). it has been held in the said decision that section 42 of the specific relief act, 1877 merely gives statutory recognition to well recognised types of declaratory relief and section 42 does not exhaust all types of declaratory relief. it has also been noted by the supreme court in the said decision that the suit coming within the .....Tag this Judgment!