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DECLARATORY DECREES
DECLARATORY DECREES
About Me
Md.Asaduzzaman
Bar to such declaration- Provided that no court shall make any such
declaration where the plaintiff, being able to seek further relief than a mere
declaration of title, omits to do so.
Illustration: A is in possession of certain property. B alleging that he is
the owner of the property requires A to deliver it to him. A may obtain a
declaration of his right to whole the property.
Applicability of Article 120- declaration as to right to property under section 42
of the Specific Relief Act.
Article 120 of the Limitation Act which prescribes six years limitation.
Case: Mono Mohini Devi vs. Sirajud Ahmed Bhuiya, 21 DLR
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2010 (17)
August (17)
Administrativ
e Law 1
Civil
Procedure
Code
Criminal
procedure
code&drafti
ng
Case Law-Not only a person entitled to any legal character but also any person
entitled to any right as to any property can institute a suit for decoration.
Case: Jinnat Mukhtean Vs. Abdul Majid, 27 DLR.
Essentials of the relief/ Requisite for a declaratory action: In order to obtain
relief under section 42, plaintiff must establish that
1. The plaintiff is at the time of the suit entitle to any legal character or to
any right as to any property.
Case: Ahmed Vs. Haji Khan, AIR.
2.
3.
Writ
Evidance Act
INTERPRET
ATION
Easement
DECLARATO
RY
DECREES
Injunction
Receiver
Hindu Law
Muslim Law
NGOs
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Human
Rights
BANGLADES
H
CONSTIT
UTION
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Effect of declaration: According to section 43A declaration made under this chapter is binding only on the parties to suit,
persons claiming through them respectively, where any of the parties are
trustees, on the persons for whom, if in existence at the date of the declaration,
such parties would be trustees.
Illustration: A, a Hindu, in a suit to which B, his alleged wife and her
mother, are defendants, seeks a declaration that his marriage was duly
solemnized and an order for the restitution of his conjugal rights. The court
makes the declaration and order. C, claiming that B is his wife, then sues A for
the recovery of B. The declaration made in the former suit is not binding upon C.
Abdul Kader Rani and others Vs. Kaiser Ahmed Howlader and others, 5
BLC.
.
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