The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. §2201. Therefore on these parameters, the court refused the party to maintain a suit under Section 34 of the Specific Relief Act, 1963. (1) This Act may be called the Specific Relief Act, 1963. What the court issued was a declaratory judgment—a remedy that is the judgment itself, without any further remedy such as damages or an injunction. The corresponding provision of the this under repealed act were under … DECLARATORY DEGREES UNDER SPECIAL RELIEF ACT. Specifically, Section 34 provides for the declaratory relief in form of status or right. 2. It follows, therefore, in the present case that the suit of the plaintiff for a declaration that the compromise decree is not binding on the deity is maintainable as falling outside the purview of Section 42 (of the Old Act and Section 34 of the Hew Act) of the Specific Relief Act.” 15. Sec 146 of the code deals with injunction. The Specific Relief Act, 1963 ( Act) codifies the law in relation to grant of the relief of specific performance [1] including injunctions. Whether can be pressed. Specific relief means relief of certain species, i. an exact or particular, a named, fixed or determined relief. 2. Understand it by following example "A trespassed into the house of B and now claim that the house belongs to A, B filed a case for Declaration and succeeded that would be a Declaratory Decree and if claims the consequential relief that A is to be directed to pay the rent and benefits against the house from the period A trespassed till the Court Decided the case and B got back … 7, that included a second majority-black district. Declaratory relief under the Specific Relief Act, 1963 has been instated to provide a form of equitable remedy. Illustration: ... Applicability of Article 120-declaration as to right to property under section 42 of the Specific Relief Act. Declaratory suit. was inserted by section 2 of the Specific Relief (Amendment) Act, 2004 (Act No. It acknowledges the legal character or right to property of the plaintiff. The court may order a speedy hearing of a declaratory-judgment action. 1. However, in a suit for injunctive relief, a state official may be assessed fees under the common law bad faith standard, which was not affected by § 1988(b). The term is generally understood and providing relief of a specific kind rather than a general relief or damages or compensation. A. Therefore, the suit has to be considered as one without any consequential relief. It is stated in Declaratory Suit that when the court grants "Declaratory Decree", no consequential relief is to be prayed... please, explain in plain and simple words. Declaratory judgment is a judgement which early states that the rights of the parties in an already complicated transaction 2) Discretion of court as to declaration of status or right - According to 34 of Specific Relief Act 1963 - And the suit for bare injunction is not maintainable under Section 41(h) of the Specific Relief Act, 1963. Hence, suit for Statement of Objects and Reasons. Of lately, this has been incorporated in the statute under Chapter VI of the Specific Relief Act, 1963. A. (1) This Act may be called the Specific Relief Act, 1963. It replaced an earlier Act of 1877. The disaster area now refers to an area for which the President provides financial assistance under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. While the Board of a Homeowner Association (HOA) in California has wide discretion to act on behalf of its members through its architectural, landscape and other committees and to either fine you, send you a violation notice or require you to take actions which may be expensive, you have options to fight an unjust arbitrary, capricious, discriminatory or illegal action, most of which will … It replaced an earlier Act of 1877. 3. under a decision issued by the European Commission or the competition authority pursuant to this Act or pursuant to Articles 101 or 102 of the Treaty on the Functioning of the European Union. (The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. So far as concepts of possession and dispossession, respectively under s. 8 and 9 of S.R.A. The following kinds of remedies may be granted by a … 8. 1871-83. Thus, in a suit for injunctive relief, the state, not the state official, may be held liable for fees under § 1988(b). Short title, extent and commencement. Specific relief act.ppt. 6. Specific Relief Act 1950 (Revised 1974) LAWS OF MALAYSIA REPRINT Act 137 ... No suit under this section shall be brought against any Government in Malaysia. §§ 2201 and 2202. 3. Hence, suit for Retainer Agreement. On April 16, 2019, the Division and the U.S. Attorney’s Office for the Eastern District of Texas filed a complaint and entered into a settlement agreement resolving United States v. City of Farmersville, Texas (E.D. 17. If that be so, the prohibition under the proviso to Section 34 of the Specific Relief Act will come into play. More information... . 37. C. 10. Such suits can be filed under S. 34, Specific Relief Act, 1963. DECLARATORY DEGREES. When the Attorney General files a lawsuit under the SCRA, he has the authority to seek monetary damages on behalf of individual servicemembers. Section 34. Specific Relief Act, 1963. It falls neither under Section 7(4)(c) nor under Schedule 2. 1. § 1391(e)(1). Specific Relief Act. 31-10-2019).) These rules govern the procedure for obtaining a declaratory judgment under 28 U.S.C. Section 34 of the Specific Relief Act,1963, lays down the provision for the declaratory decree. The Section says that if any person who is entitled to a legal right concerning any property has the right to initiate a suit against any person who is restricting such legal rights from being possessed. ... Suits. As the Preamble to the Act suggests it ‘defines and amends the law relating to certain kinds of Specific Relief’. : what is consequential relief in Specific Relief Act? In fact, suit for possession is nothing but specific relief which has got nothing to do with Specific Relief Act (1963) which, in such case, by virtue of its sections 5 and 7, quoted below, relegate the parties to C.P.C. Distinction between Ss.8 and 9 Specific Relief Act: Suits under sections 8 and 9 of the specific Relief Act are mutually exclusive. 1982 SCMR 741. Desperate L.Lb student. Second is the prudential inquiry – declaratory relief must be appropriate. persons claiming through them respectively as a declaration under section 34. is a right in personam and not a right in Rem. The legal and equitable rights and liabilities of all being before the court by representation, and especially where the subject-matter of the suit is common to all, there can be very little danger but that the interest of all will be properly protected and maintained. on . Recovery of specific moveable property. … (2) It extends to the whole of India. The Attorney General also has the authority to seek civil penalties, equitable relief, and declaratory relief. Preliminary. Legal Dictionary: F. Fact Question. It acknowledges the legal character or right to property of the plaintiff. Suit for declaration thus can resolve any claim or counter claim between the parties with regard to any dispute on the basis of the declaration made by the court. (A) “7. The Enforcement Act of 1871 (17 Stat. By Indian Legal Solution Legal Articles 0 Comments. Offensive content We don’t sell certain content including content that we determine is hate speech, promotes the abuse or sexual exploitation of children, contains pornography, glorifies rape or pedophilia, advocates terrorism, or other material we deem inappropriate or offensive. The sovereign immunity defense has been withdrawn only with respect to actions seeking specific relief other than money damages, such as an injunction, a declaratory judgment, or a writ of mandamus. • Declaratory decrees • Injunction . The law relating to specific performance as engrafted in the Specific Relief Act, 1963 (“the Act”) is an extremely important facet of civil law. 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