decreeing the suit which was instituted for the relief of declaration simplicitor without any relief of injunction and it was not maintainable. The will ... right without a declaration from the court. The will was also not probated. Hence, the suit for declaration simplicitor was maintainable since the plaintiff
Commission, the Commission
passed the impugned order in the form of declaration simplicitor.
Special Leave Petition filed before the Apex Court by the licensee ... also posed
before the Court, whether GERC could have given a declaration
simplicitor regarding entitlement to levy POC without first
determining
Harish Relan vs Kaushal Kumari Relan & Ors on 3 August, 2015
Author: Gita Mittal
under:
"14. .......There is a big gap between the declaration simplicitor and relief in the garb of declaration. If a person makes a prayer ... seeks any declaration to dis entitle others right into a property, such type of circumvent prayer cannot be treated to be declaration simplicitor. In other
under:
"14. .......There is a big gap between the declaration simplicitor and relief in the garb of declaration. If a person makes a prayer ... seeks any declaration to dis entitle others right into a property, such type of circumvent prayer cannot be treated to be declaration simplicitor. In other
void and hence not binding upon him,
and if a declaration simplicitor is prayed then he is not
required to pay ad valorem court ... valorem court-fee is not payable and he can
claim declaration simplicitor for which court-fee under
Article 17(iii) of Schedule-II would
suit properties and suit of the plaintiff,
inasmuch as for declaration simplicitor, without claiming the
consequent relief of possession and was not maintainable. Reliance ... Will executed by her husband and whether the suit for declaration
simplicitor was maintainable.
The execution of the Will was not disputed before me.
Therefore
plaintiff on the other hand has stated that
he is seeking declaration simplicitor and for declaration simplicitor,
the plaintiff is at liberty ... Counsel for the plaintiff is not tenable.
The suit is simplicitor declaration when the other reliefs that are
sought by the plaintiff can be given
definite finding. There is a big gap between the declaration simplicitor and relief in the garb of declaration. If a person makes a prayer ... seeks any declaration to disentitle others" right into a property, such type of circumvent prayer cannot be treated to be declaration simplicitor. In other
Special Bench held that where the plaintiff sues for a declaration
simplicitor that a sale-deed executed by his elder brother is not
binding ... void and hence not binding upon
him, and if a declaration simplicitor is prayed then he is not
required to pay ad valorem court
