Mains Questions
SPECIFIC RELIEF ACT
Declaration of Status or Right (Ss. 34-35)
Q.1. (a) Discuss the utility, importance and scope of a declaratory decree.
(b) Decide about the maintainability of the following declaratory suits:—
(i) A brings a suit for a declaration that B who claims to be his son is not his son.
(ii) A seeks a declaration that he is not bound by a particular personal contract. [B&JJS 1977]
Q. 2. Write short note on declaratory suit. [B&JJS 1978]
Q. 3. Discuss with example the distinction between declaratory relief and Consequential Relief and the practical relation between such reliefs. [B&JJS 1980]
Q. 4. What do you understand by a declaratory decree? What is its practical utility? State the principles governing the grant or refusal of a Mandatory Injunction. [B&JJS 1986]
Q. 5. Write short note on declaratory judgment. [B&JJS 1991]
Q. 6. What do you mean by declaration? Explain when declaration is refused and the effect of declaration. | [BJS 2014]
Q. 7. What is the ambit and extent of declaratory action under the Specific Relief Act? Can declaratory action be granted outside the Act? [HJS 1986]
Q.8. A is husband of W. A, files a suit for declaration that a two years old boy allegedly born to the defendant wife W was not his son. An objection is taken that the suit was premature as no maintenance and rights in A’s estate were being claimed against him, and that the interest of the minor should not be prejudiced by deciding a question which will arise in future. Can a declaration be granted to A? [HJS 1986]
Q. 9. A, a worshipper files a suit for declaration that certain properties belonged to the deity. Here it is clear that the worshipper A is not claiming for himself and legal character or right in the property. The suit does not come within the purview of Section 34 and Section 35 of the Specific Relief Act. Is the worshipper entitled to maintain the declaratory suit? [HJS 1986]
Q. 10. Consider if any remedy under the Specific Relief Act is available to B:
(i) A denies that B is his son. [HJS 1996]
Q. 11. What are the essential conditions for obtaining a declaratory decree under section 34 of the Specific Relief Act? . [HJS 1996]
Q. 12. A is dispossessed of a certain land by B. A brings a suit against B for a mere declaration of his title to the land. Can the court grant the declaration prayed for? [HJS 1996]
Q. 13. A truck was taken into possession from “B” by the police in investigation of a theft case lodged by “A”. The truck was given in superdari of “B”. “A” filed a civil suit for mere declaration that he is the owner of the truck. During the pendency of the suit, the theft case was closed. “B” contested the suit and took a preliminary objection that the suit for mere declaration is not competent in view of proviso to section 34 of the Specific Relief Act 1963. Decide the point giving reasons. [DJS 1984]
Q. 14. Is a suit for mere declaration by government employee that the order of his dismissal from service is illegal, maintainable without his seeking further relief of recovery of arrears or salary? [DJS 1984]
Q. 15. A is the husband of W. A files a suit for declaration that a two years old boy allegedly born to the defendant wife W was not his son. An objection is taken that the suit was premature as no maintenance and rights in A’s estate were being claimed against him and that the interest of the minor should not be prejudiced by deciding a question which will arise in future. Can a declaration be granted to A? [DJS 1989]
Q. 16. Is a suit maintainable for mere declaration by a Government employee that the order of his dismissal from service is illegal, without seeking for the relief regarding arrears of salary etc., in view of proviso to section 34 of the Specific Relief Act. [DJS 2000]
Q.17. What do you mean about ‘declaratory decree’? Explain the essential conditions for issuing the declaratory decree and its effects with the help of relevant law. [MPJS 2014]
