grant of negative declarations. If the intention of the Legislature, was otherwise, the Legislature could have so also provided for negative declaration in the other ... issue of both positive and negative declarations, there would be no need to provide for negative declaration under section 4 . No part
Code asserting inter alia that the
plaintiff is seeking a negative declaration that no marriage was
solemnized between the plaintiff and the defendant. Such ... negative
declaration cannot be granted under the provisions of Section 34 of the
Specific Relief Act 1963 ("the Act of 1963"). Thus, there
declaration that a party before him is not a tenant. In other words, whether he can give a declaration in the negative form? As held ... give a declaration in the positive form, he could certainly give a declaration in the negative form as well, they being two facets
hence the plaintiff cannot be permitted
to file a suit for negative declaration.
26
28. According to him, even if the plaintiff has
acquired ... manner known to law,
the plaintiff cannot maintain a suit for negative declaration
to declare that the sale deed executed by the first
defendant-society
said Act) is empowered to entertain an application for negative declaration to the effect that the opponent is not a tenant under the said ... preliminary point of jurisdiction of the Mamlatdar, to issue such a negative declaration. The Mamlatdar the respondent No. 3 while rejecting the preliminary objection
prayer for recovery of possession.
2.1. Essentially, they seek a negative declaration in
favor of the government, on the grounds of illegal
grabbing of valuable ... suit for declaration, the plaintiff must rely on his own
right. The plaintiff cannot seek a declaration in a negative
form regarding the defendant
2001, therefore, there was no occasion to grant
negative declaration in favour of the plaintiff and First Appellate Court
has rightly reversed the judgment ... decided by the Civil Court.
11. While considering the question of negative declaration, the
Hon'ble Supreme Court has, in the case of SHAIKH
would
contend that the relief sought in the suit is a negative
declaration and such a relief cannot be granted under
Section ... declaration in that regard has
to be sought only before the family Court irrespective
of whether the said declaration is affirmative or
negative in nature
submitted
that in any case apart from the relief of the
negative declaration sought by the plaintiff, the
plaintiff has also sought an injunction which ... made the
following submissions:
16.1. The plaintiff has sought a negative declaration that
the defendants have no right, title and interest in
shop bearing
offer made in the A/T and he asks for a negative declaration that there was no concluded agreement. Failure of the Government to establish ... concluded the agreement, would not entitle the petitioner to the negative declaration unless the petitioner succeeds in proving his own case that the counter offer
