1996, the plaintiff prayed for a negative declaration that the defendant has no right or title over the suit property and sought an injunction restraining ... negative prayer has a direct bearing or impact on the Plaintiff. The relief sought for negatively plaintiff. But in the present case, the negative relief
that "No MSG Added"
which was misleading since no negative declaration could be
given and the petitioner could only mention the contents which
that under Section 34 of the Specific Relief Act, 1963,
negative declaration can also be claimed; it is thus
possible thereunder to sue for declaration
since the petitioner is closely concerned to get proposed declaration,
rather negative declaration, as against the opposite parties in one hand, and, proposed
also ... prayer (b), which was sought for in the
status of negative declaration. As a consequence thereof other consequential reliefs
as sought for were being
allow the counterclaim keeping in mind the prayer of a negative
declaration in the plaint. However, in the instant case, the
counterclaim was purported
restoration case No.
3/2000 ?
05 Whether plaintiffs are entitled for declaration Negative
that rent control proceeding No. 3/2000 is
without jurisdiction ?
06 Whether ... plaintiff, her claim to title had been negated.
Defendant had filed only one appeal against declaration of title of
plaintiff and had not filed appeal
part, we fail to understand
the need for claiming such a negative
declaration. After all, the plaintiff can
sue for partition, rendition of accounts ... making of such an
oral will and the validity thereof. The
negative declaration sought for by the
plaintiff appears to us to be totally
superfluous
Arbitration proceeding be constraint
to approach the Court seeking a negative declaration of non-payment which
is prohibited under the Specific Relief Act . Hence ... Corporate Debtor. Further
as per submission of the Respondent, no negative burden of filing a suit or
arbitration could be casted upon operational creditor
above
conditions has to be in the negative in view of the declaration of law in
Bhatia (supra). Reliance is also placed on the decision
Halba-Halbi' was reversed. The declaration of law by this Court under
Article 141 , negated the position of law enunciated by the Bombay
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