AI Overview...
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Declaratory Rights - Not Executable
Declaratory decrees generally do not have executability because they only declare the rights of parties without directing specific acts to be performed. Several sources affirm that declaratory awards are in nature non-executable, serving solely as declarations of rights STATE BANK OF INDIA VS S. M. OIL EXTRACTION PVT. LTD. - Calcutta, Geeta Devi VS Bhanwar Lal - Rajasthan, State of M. P. VS Mangilal Sharma - Madhya Pradesh, LINGARAJ PAIKARAY VS RAGHUNATH CHHOTRAY - Orissa, KHUB CHAND VS RAM CHAND - Allahabad, Shivani Properties Pvt. Ltd. VS United Bank of India - Current Civil Cases. -
Exceptions and Clarifications
In certain cases, if a declaratory decree confers rights and reliefs beyond mere declaration, it may be considered executable. For instance, when a decree confers rights or involves rights transfer or possession, it may be deemed executable Teluguntla Hema Bala Sundari VS Pandiri Sakuntalamma - Andhra Pradesh. The distinction hinges on whether the decree merely declares rights or also directs specific acts. -
Legal Principles and Court Interpretations
Courts have consistently held that declaratory decrees are not executable because they do not involve an act to be performed. They only declare the rights of the parties involved, and enforcement requires a separate suit or action DHAMI NAVNITBHAI AMRATLAL VS BHAGVANLAL CHHAGANLAL - Gujarat, Shivani Properties Pvt. Ltd. VS United Bank of India - Current Civil Cases. However, if a decree is based on a compromise or involves specific rights that can be enforced, it may be considered executable. -
Summary
In conclusion, declaratory rights are generally not executable as they serve to declare rights rather than enforce them. Whether a particular declaratory decree is executable depends on its specific terms and whether it confers enforceable rights or merely states existing rights without directing action. The prevailing legal view emphasizes that declaratory decrees are primarily declarative and non-executable unless they also confer enforceable rights or reliefs STATE BANK OF INDIA VS S. M. OIL EXTRACTION PVT. LTD. - Calcutta, Geeta Devi VS Bhanwar Lal - Rajasthan, State of M. P. VS Mangilal Sharma - Madhya Pradesh.
References:
- STATE BANK OF INDIA VS S. M. OIL EXTRACTION PVT. LTD. - Calcutta, Geeta Devi VS Bhanwar Lal - Rajasthan, State of M. P. VS Mangilal Sharma - Madhya Pradesh, LINGARAJ PAIKARAY VS RAGHUNATH CHHOTRAY - Orissa, Teluguntla Hema Bala Sundari VS Pandiri Sakuntalamma - Andhra Pradesh, KHUB CHAND VS RAM CHAND - Allahabad, DHAMI NAVNITBHAI AMRATLAL VS BHAGVANLAL CHHAGANLAL - Gujarat, Shivani Properties Pvt. Ltd. VS United Bank of India - Current Civil Cases
Search Results for "Are Declaratory Rights Executable"
1999 0 Supreme(Cal) 147 • India - Calcutta
RONOJIT KUMAR MITRA
DECLARATORY IN NATURE - EXECUTABLE. ... RIGHTS OF PARTIES - CONSTRUCTION OF DECREE - REASONABLE CONSTRUCTION - UNCERTAINTY - DECLARATORY DECREE - EXECUTION - AWARD NOT ... ARBITRATION - EXECUTION OF DECREE - VALIDITY OF AWARD - INTERPRETATION OF DECREE - DECLARATORY AWARD - EXECUTABILITY - AWARD DETERMINING ... ... ( 68 ) THERE cannot be any doubt whatsoever that pure declaratory award ....
2011 0 Supreme(Raj) 2087 • India - Rajasthan
A.M.SAPRE, C.M.TOTLA
226(3) – Question regarding when interim orders cannot be given – Grant of declaratory decree by the ... court of Revenue relating to Plaintiff and Respondent’s share in property – Court observes that declaratory decrees cannot be executed ... It being a settled principal of law that declaratory decrees are not executable but they are in the nature of declaration only which ... declare the rights of the p....
1997 0 Supreme(MP) 847 • India - Madhya Pradesh
SUJATA V.MANOHAR, D.P.WADHWA
(1) Specific Relief Act, 1963 -- S. 34 -- declaratory decree -- merely declares, right of decree holder -- relief of declaration ... of the rights of the parties and was, therefore, in executable. ... The Court held as under: ... "A declaratory decree, in my opinion cannot be executed as it only declares the rights ... A declaratory decree merely declares the ....
1982 0 Supreme(Ori) 158 • India - Orissa
P.K.MOHANTY
AND NOT EXECUTABLE. ... DECLARATORY DECREE - EXECUTABILITY - DECREE MERELY DECLARING RIGHTS OF PARTIES WITHOUT DIRECTING ANY ACT TO BE PERFORMED IS NOT ... Ratio Decidendi: A declaratory decree is one which merely declares the rights of the parties but does not direct any act to ... The learned Subordinate Judge dismissed the same on 16-4-1979 holding that "though the decree is declaratory#HL_E....
1982 0 Supreme(AP) 250 • India - Andhra Pradesh
P.KODANDA RAMAYYA, CHENNAKESAVA REDDY
It is rot merely declaratory. It is executable. It confers rights and reliefs on both the parties to the suit. ... his tenant surrendered te possession to him he went into possession without any rights. ... to the litigation can transfer or otherwise deal with such property so as to affect the rights of the opponent.
1987 0 Supreme(All) 352 • India - Allahabad
A.N.DIKSHITA
The lower appellate court found that a declaratory decree is not executable. ... Obviously there is a difference between a simple finding and a finding which determines the rights of the parties. ... Instantly the court below has finally decided point No. 1 thus disabling the rights of the appellant on this point.
1934 0 Supreme(Mad) 115 • India - Madras
Finding of the Court: The court found that the plaintiff had the right to claim a decree for the amount due to him ... involved the binding nature of accounts-taking in a partnership suit, the applicability of limitation laws, and the plaintiff's right ... Ratio Decidendi: The court held that the accounts-taking in the former suit was binding on all parties, and the plaintiff had the right ... It is true that where a former suit ended in ....
1980 0 Supreme(Bom) 21 • India - Bombay
R.A.JAHAGIRDAR, SUJATA V.MANOHAR
Whether the decree was merely declaratory or executable. Ratio Decidendi: 1. ... of the suit property at the end of May 1973, and was therefore executable. ... of the suit property at the end of May 1973, and was therefore executable. ... According to him, the decree merely declares the rights of the parties. Such a declaratory decree cannot be executed. ... Dalvi who appears for the 1st....
1977 0 Supreme(Guj) 51 • India - Gujarat
A.M.AHMADI, D.A.DESAI
Ordinarily a decree for possession passed against tenant in a suit for is binding on a person claiming title through that tenant and is executable ... That decree was considered to be only a declaratory decree and not executable one. ... One has to look to the tenor of the decree to come to the conclusion one way or the other whether it is executable or merely declaratory ... to recover possession but not....
• India - Current Civil Cases
SOUMEN SEN
is one not capable of being executed—A decree based on compromise decree is executable—Where machinery provided for working out a ... decree—Consent decree merely declares terms upon which relationship of Landlord and Tenant is to be governed in future—It is a declaratory ... decree which is incapable of being executed and only a separate suit and not an application under Section 47 would lie to enforce rights ... The next contention of the....
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