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ALTHOUQH the declaratory judgment has, in recent years, been employed more readily in administrative law, the remedy has not yet attained the pre-eminence in this field that its considerable advantages would seem to merit. The fundamental point is that coercive relief is generally unnecessary against public and govern-.
418.055 Further relief based on declaratory judgment. Further relief, based on a declaratory judgment, order or decree, may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief, either in the same proceeding wherein the declaratory judgment
and if any suit is filed by the person so denied it is called a declaratory suit. A Declaratory decree is a binding declaration of right in equity without consequential relief. In simple terms, a declaratory decree is cone which settles the right and removes the confusion of the status of the party. Provision regarding declaratory
ground that a merely declaratory judgment is sought thereby, and the Court may make binding declarations of right whether any consequential relief is or could be claimed; or not." The bill had been reintroduced in each Congress since 1919 and hearings upon it were held by the House judiciary Commit- tee on February 1,
law which governs declaratory reliefs in India. It reads: "4ny Thus a person claiming declaratory rellef must show rhar it is not a matter of absolute right to obta~n a declaratory decree. It is discretionary with the court to grant it, or not, and in every case the court must exercise a sound judgement as to whether it is
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No action or proceeding shall be open to objection, on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree." Uniform Act, sec. 1. MINNESOTA. LAW REVIEW.
Declaratory decree under the Specific Relief Act, 1963. *. #. Y. Alok Ram Tripathi , Mithilesh Pandey , Ravindra Dev Mishra. Abstract: The general power vested in the courts in India under the Civil. Procedure Code is to entertain all suits of a civil nature, excepting suits of which cognizance is barred by any enactment for the
CHAPTER VI. DECLARATORY DECREES. 34. Discretion of court as to declaration of status or right. 35. Effect of declaration. PART III. PREVENTIVE RELIEF. CHAPTER VII. INJUNCTIONS GENERALLY. 36. Preventive relief how granted. 37. Temporary and perpetual injunctions. CHAPTER VIII. PERPETUAL INJUNCTIONS.
DECLARATORY DEGREES. No suit shall be Op en to objection on the. ' grou nd that a merely declaratory decree or order is sought thereb y ; and it shall be lawful for the Civil Courts to make binding declarations of right without granting consequential relief. " BY. L. P. D E LV E S B R OU G H TON,. OF LI NCOLNS I NN.
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