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1 - 6 of 6 (0.25 seconds)The Specific Relief Act, 1963
Rashmeet Kaur Kohli (Minor) vs Central Board Of Secondary Education ... on 9 October, 2006
good as consequential relief of mandatory injunction
as contemplated under Sec.39 of Specific Relief Act.
The same is not permissible under law. Hence, how
the Court can give direction to the defendants to
make necessary corrections in the school records. It is
true in the decision reported in AIR 2007 Delhi 46
(Rashmeet Kaut Kohli (minor) vs. Central Board of
Secondary Education (CBSE), wherein lordship has
observed as follows:
Board Of Trustees Of Port Of Kandla vs Hargovind Jasraj & Anr on 9 January, 2013
13. It is true, "grant of declaratory relief under
the Specific Relief Act is a discretionary in nature. A
civil court can and may in appropriate cases refuse a
declaratory decree for good and valid reasons which
dissuade the court from exercising its discretionary
jurisdiction. Merely because the suit is within time is
no reason for the court to grant a declaration" as
observed by the Hon'ble Apex Court in the decision
reported in (2013) 3 SCC 182 (Kandla Port vs.
Hargovind Jasraj). Whereas in the present case on
Cont'd..
Article 226 in Constitution of India [Constitution]
Section 39 in The Specific Relief Act, 1963 [Entire Act]
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