Is declaratory judgment a cause of action?
Is declaratory judgment a cause of action?
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. A declaratory judgment does not by itself order any action by a party, or imply damages or an injunction, although it may be accompanied by one or more other remedies.
What is a declaratory statute?
Declaratory statutes This kind of statute does an act of removing doubts, clarifying and improving the law based on the interpretation given by the court, which might not be suitable from the point of view of the parliament.
What do you mean by declaratory suit?
Declaratory relief is a form of equitable relief which supposedly vests for the declaration of right of one party and denied by the other. In simpler terms, it is the judicial ascertainment of a legal right or any legal character of the party to civil proceedings without any consequential relief.
What does an injunction mean?
An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent Injunctions,Temporary restraining orders and preliminary injunctions.
What does injunctive relief mean?
Injunctive relief, also known as an injunction, is a remedy which restrains a party from doing certain acts or requires a party to act in a certain way. It is generally only available when there is no other remedy at law and irreparable harm will result if the relief is not granted.
What is consequential relief?
distinct reliefs. The words ‘consequential relief’ imply that the other relief should be one which flows directly from the declaration relief according to the value of the consequential relief. This means that the declaratory relief and the consequential relief have. Allahabad High Court.
What is suit for declaration and permanent injunction?
In view of the above judgment any person can file a suit for declaration and injunction with regard to any legal character or rights as to any property against any person who is denying or interested to deny his title or such character. It is settled law that grant of injunction is a discretionary relief.
What is injunction in Specific Relief Act?
An injunction is an equitable remedy in the form of a court order that demands a party must do or must not do certain acts. A party that does not follow an order of injunction and fails to comply with it has to. face both criminal and civil penalties and. 2. damages or accept sanctions for that.
What is declaratory decree in Specific Relief Act?
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.
What is the purpose of Specific Relief Act?
The Specific Relief Act 1963 (“the Act”) sets out the remedies available to parties whose contractual or civil rights have been hampered. The Act comes into play when an actual damage for non-performance of a contractual obligation cannot be measured or the monetary compensation would not suffice.
What is preventive relief?
Preventive Relief is an important equitable remedy provided under the Specific Relief Act, 1963. It consists of a grant of temporary, perpetual and mandatory injunction.
