Declaratory decree under specific relief act latest law news. Under section 6 of the act, as it stood prior to the amendment act, a person who was removed from actual possession or a person claiming through him, could file a suit in relation to such dispossession. An act to define and amend the law relating to certain kinds of specific relief. Section 34 of specific relief act 1963 declaratory. The relief of injunction in a suit for declaration is the consequential relief in most cases. Introduction to the specific relief act, 1963 ipleaders. Specific performance of contract may be enforce in. Nov 07, 2016 declaratory relief is a form of equitable relief which supposedly vests for the declaration of right of one party and denied by the other. Specific relief 3 laws of malaysia act 7 specific relief act 1950 arrangement of sections part i preliminary section 1. Before the passing of the specific relief act the law as to specific relief was contained in sections 15 and 192 of the civil procedure code of 1859.
The supreme court on aspects of kinds of benami transactions has held as follows. It has no application to cases where an actual transfer has been made in respect of the property to which vendor or lessor has no title or has only an imperfect. Suit for declaration with the consequential relief of. The very purpose of the proviso to section 34 of the act 1963, is to avoid the multiplicity of the proceedings, and also the loss of revenue of court fees. Which of the following sections refer to the sale or lease where property is conveyed first and the title is acquired afterwards. Posted 22 nov 2017 post answer if i file section 34 of the specific relief act, 1963, in how much time there is a chance to prove owner possession, any one can help me to file suit under. Act applies only where the matter is still in the stage of contract.
Specific relief cannot be granted for the mere purpose of enforcing a penal law. In section 6 of the specific relief act, 1963 hereinafter referred to as the principal act, in subsection 1, after the words he or any person, the words through whom he has been in possession or any person shall be inserted. Section 8 partitionpossession, recovery ofproofland in question was jointly owned by both the parties and plaintiffs sought recovery of possession on the basis of partition of land between themjudgment and decree passed by trial court was set aside by lower appellate court and the suit was decreed in favour of plaintiffsvalidity. Specific relief act 1877 suit for declaration llb judiciry css lecture urdu mobushar iqbal chohan duration. B may recover them from c, subject to cs right, if any, under section 168 of the contract act, 1872 14. Section 34 and 35 of the specific relief act lay down the law relating to declaratory decrees. Declaratory decree i s34 i specific relief act,1963 i explained in hindi provision section 34 in the specific relief act, 1963 34. Specifically, section 34 provides for the declaratory relief in form of status or right.
Act is allowed to pervade, the provisions of section 31 of the specific relief act, 1963 would be rendered otiose. The time period for the relief specified in section ii with respect to those. For section 10 of the principal act, the following section shall be substituted, namely. Under section 35 of the specific relief act, 1963 the declaration made under section 34 by any court will only be binding on the parties to the suit or any persons claiming through them respectively as a declaration under section 34 is a right in personem and not a right in rem.
When cancellation may be ordered section 31 specific. Specific relief act 1963 discretion of court as to declaration of status or right. This bill seeks to implement the recommendations of the law commission contained in its ninth report on the specific relief act, 1877, except in regard to section 42 which is being retained as it now stands. Of lately, this has been incorporated in the statute under chapter vi of the specific relief act, 1963. Limitation act, 1963, article 59, specific relief act, 1963, section 34, 38 limitation suit for declaration and perpetual injunction sale deed executed by defendant no. The very purpose of the proviso to section 34 of the act 1963. When the specific relief act, 1877 was in 16page 17 force, the 9th report of the law commission of india, 1958, had suggested certain amendments in the proviso, according to which, the. Section 5 only provides for relief of possession of the property. Until now, while specific performance was granted as per the discretion of courts, under the amended act, specific performance. Specific relief act, 1963 section 34 civil procedure code. A person can file a declaratory suit if another person denied his legal right. In a suit filed under section 38 of the specific relief act, possession on the date of suit is a. The plaintiff himself claimed that he perfected his title by adverse possession that means wrongful possession.
Where a person buys a property with his own money but in the name of another person without. Specific relief act, 1877 section 55 57 the lawyers. To claim such equitable and discretionary relief, the plaintiff has to approach the court with clean hands. Lectures of specific relief act pahuja law academy. The interest or right not shown to be in existence, cannot be protected by injunction. Land revenue act, 1954 declaratory decree res judicata suit for declaration as to exclusive possession as coowner already dismissed by civil court and later affirmed by appellate court held, once status of parties is finally determined by civil court, as to whether a person is tenant or. Sep 27, 2019 specific relief act 1877 suit for declaration llb judiciry css lecture urdu mobushar iqbal chohan duration. Be it enacted by parliament in the sixtyninth year of the republic of india as follows. In a suit filed under section 38 of the specific relief act, possession on the date of suit is a must for grant of.
Discretion of court as to declaration of status or right. Full text containing the act, specific relief act, 1963, with all the sections, schedules, short title, enactment date, and footnotes. Section 34, of the specific relief act, deals with. The provisions relating to specific performance of contracts are contained in chapter 2 of part ii of specific relief act, 1963. Order under section 36 of the securities exchange act of 1934. This act may be called the specific relief act, 1963. Feb 27, 2019 declaratory decree i s 34 i specific relief act,1963 i explained in hindi provision section 34 in the specific relief act, 1963 34. Amendment in 2017 here is the amendment keep reading. Specific relief cannot be granted for the mere purpose of enforcing a. Finding of the high court that suit simpliciter for declaration is not maintainable us. Be it enacted by parliament in the fourteenth year of the. Specific relief granted under clause c of section 5 is called preventive relief.
Sep 12, 2018 in any case, whether the provisions of the arbitration and conciliation amendment act, 2015 would apply to section 34 application which were pending as on 23. Friday february 28, 2014 aljumaa rabi thani 28, 1435 sukravara phalguna 09, 1935, at 02. This act may be called the specific relief act, 1877. Declaratory relief is a form of equitable relief which supposedly vests for the declaration of right of one party and denied by the other. Relief not granted to enforce penal law part ii specific relief chapter i recovering possession of property possession of. See the private securities litigation reform act of 1995, 15 u.
As per section 49 of the specific relief act, 1877 the cost of all applications and orders under chapter vii of the specific relief act, 1877 whall be in the discretion of the a. Perpetual injunctions are known as permanent injunctions. Specific relief act 1963 in hindi indian employees. The term relief is only another word for remedy which a court is allowed by law to grant to suitors. Except as otherwise provided herein, where any relief is claimed under this chapter in respect of a contract, the person against whom the relief is claimed may plead by way of defense. Section 34 of the specific relief act, 1963 provides that. Section 34 of specific relief act 1963 declaratory decrees.
In any case, whether the provisions of the arbitration and conciliation amendment act, 2015 would apply to section 34 application which were pending as on 23. Dec 30, 2017 the section 4 of the act makes it quite clear that the act is to enforce civil rights against specific individuals and the act has no application in criminal trial. Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff. Two kinds of benami transactions are generally recognised in india. Repeal repealed by the repealing and amending act, 1974 56 of 1974 an act to define and amend the law relating to certain kinds of specific relief be it enacted by parliament in the fourteenth year of the republic of india as follows. Specific relief act, 1963 section 34 civil procedure. The word entitle means that the plaintiff need not be having an absolute ownership, but anyone. In a suit for specific performance of a contract of movable property which can only be instituted under section 58 of the sale of goods act the court is to be guided by the principles laid down in chapter ii of the specific relief act. An act further to amend the specific relief act, 1963. Injunction is a personal right under section 41j of the specific relief act, 1963. Be it enacted by parliament in the fourteenth year of the republic of india as follow. Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court may in its discretion make. Section 34 and 35 of the specific relief act lay down the.
Section 31 of the specific relief act, 1963 provides that. Having a legacy of distinction, earlier through the 1877 act and then through the 1963 act, the legislature endeavoured to grant the equitable jurisdiction and widen the justice imparting powers of the courts. Civil procedure code, 1908, section 11, specific relief act, 1963, section 34 h. Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration. Once the mortgagee is claiming to be an absolute owner of the property hisher status as mortgagee comes to an end and hisher possession becomes adverse to the original owner. Aug 21, 2018 suit for declaration is a declaration from the court on any issue by way of a decree of the court. Of recovering possession of property a possession of immovable property. Specific relief act, 1963, section 34, insurance act, 1938, section 39 life insurance policy death of policy holder heir of assured can seek a declaratory decree that he is entitled to receive his share of amount due under the policy of insurance and the defendants were directed not to pay the amount under the insurance policy to the. The following extract from the statement of objects and reasons is given below. Specific relief act, 1963 bare act with pdf download. Specific relief act 1963 section 34 page 4 judgments. When the plaintiff being a wrong doer is not entitled to. There is a right of way over the field of which a has direct personal knowledge but which he couceals from b. Section 34 of the specific relief act, 1963 pathlegal.
Whereas it is expedient to define and amend the law relating to certain kinds of specific relief. Injunctions under the specific relief act,1963 may be divided into different types namely temporary, perpetual and mandatory. An act to define and amend the law relating to certain kinds of specific relief preamble. The whole act is very important for pts and mains and each of the provision can be asked in theoretical as well as practical application questions.
Suit for declaration is a declaration from the court on any issue by way of a decree of the court. The declaratory relief under section 34 of specific relief act is purely a discretionary and equitable relief. Order under section 36 of the securities exchange act of. In view of the aforesaid, i am of the view that a suit for cancellation of the sale deed which may be void or voidable in respect of agricultural land was maintainable in the civil court. The specific performance of a contract shall be enforced by the court subject to the provisions contained in subsection 2 of section 11, section 14 and section 16. Section 10 of specific relief act updated cases in which specific performance of contract enforceable.