Declaratory - Judgment Search Results

Buchanan (Appellant) Vs. Alba Diagnostics Limited (Respondents) (Scotl ...

Court: House of Lords

lord nicholls of birkenhead my lords 1 i have had the advantage of reading in draft the speech of my...

Haryana Urban Development Authority Vs. Dheer Singh Bhatti

Court: Supreme Court of India

Reported in: IV(2004)CPJ33(SC); JT2004(8)SC17; 2004(8)SCALE187; (2005)9SCC555

..... or mandamus issued by the court ineffective or invalid by a declaratory law that the previous decision of the court is illegal or ..... continue to apply to them even otherwise the rights secured by declaratory law were not affected the prospective operation of the act from ..... cannot be employed to uphold a law that directly nullifies the declaratory law made by the court in exercise of the power of .....

V. Raja Kumari Vs. P. Subbarama Naidu and anr.

Court: Supreme Court of India

Reported in: AIR2005SC109; 2005(1)ALD(Cri)119; I(2005)BC1; [2005]124CompCas1(SC); 2005CriLJ127; 2004(5)CTC268; 2005(79)DRJ114; 2005(1)MhLj1087; 2005(1)MPHT203; 2005MPLJ432(SC); RLW2005(

..... to their juniors thus relief had been granted upon taking into consideration not only the declaratory relief prayed for but also the relief for mandatory injunction the executing court had rightly ..... rejected the objection to the execution petition raising a contention that a mere declaratory relief having been passed in favour of the decree holder they were not entitled to .....

Pratap Rai Tanwani and anr. Vs. Uttam Chand and anr.

Court: Supreme Court of India

Reported in: JT2004(7)SC366; 2005(1)KLT124(SC); 2004(7)SCALE631; (2004)8SCC490

..... be construed to have a retrospective operation on the premise that it is clarificatory or declaratory in nature therefore subject to the constitutionality of the act in view of the explanation .....

Babu Puri and ors. Vs. Kalu and ors.

Court: Rajasthan

Reported in: AIR2005Raj77; RLW2005(1)Raj366; 2004(4)WLC513

..... for the petitioners judgment debtors has submitted that the decree dtd 14 1 1970 was declaratory decree 18 before proceeding further something should be said about the duties of shebait and ..... 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 .....

Yog Raj Vs. Kuldip Raj Gupta

Court: Jammu and Kashmir

Reported in: AIR2005J& K70,2004(3)JKJ138

..... where decree sought to be executed is nullity or declaratory in character declaratory decree only declares the rights of the parties which ..... this decree in my considered opinion cannot be called a declaratory decree simply because it pertained to future period from the ..... date fixed for restoration of the possession a declaratory decree is that decree which instead of determining the dispute .....

Banti and ors. Vs. Darshan Singh and ors.

Court: Punjab and Haryana

Reported in: (2005)139PLR186

..... following substantial questions of law arise for consideration in the present appeal a whether for declaratory decree qua reversionary rights of a reversioner which had attained finality could be taken to ..... the alienor but the reversioner who was entitled to challenge that alienation could obtain a declaratory decree that the alienation will not bind the reversioners after the alienor s death it .....

Syndicate Bank Vs. East India Hotels Ltd.

Court: Mumbai

Reported in: 2005(1)BomCR514; 2005(2)MhLj363

..... also distinguishable on facts 34 the learned counsel for the plaintiff further submitted that the declaratory relief claimed in the present suit could not be granted by the small cause courts ..... first question which arises is whether this is really in substance a suit for a declaratory decree or an injunction or a suit for recovery of possession of immovable property camouflaged .....

Ajmer Singh (Deceased) and ors. Vs. Chanan Singh and ors.

Court: Punjab and Haryana

Reported in: (2005)139PLR280

..... alienor under the customary law in force in the punjab a declaratory decree obtained by the reversionary heir in an action to set ..... on the death of the alienor for the object of a declaratory suit filed by a reversionary heir impeaching an alienation of ancestral ..... bind the reversioner after the death of the alienor but a declaratory decree competent to sue has the effect of restoring the property .....

Owners and Residents of Middle Income Group Units of Pondicherry, Hous ...

Court: Chennai

Reported in: 2004(2)CTC487

..... of the pondicherry court fees and suits valuation act for the declaratory relief sought for is correct in that the title of ..... mentioned in the impugned order or proceedings in respect of which declaratory relief is sought for 2 tmt kasthuri radhakrishnan and two ..... vehemently contended that inasmuch as the reliefs sought for is being declaratory in nature and touching the title of the property and with .....