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Rescission, Cancellation and Declaratory Decree7925
Rescission, Cancellation and Declaratory Decree7925
Cancellation of Instruments
&
Declaratory Decrees
Particular Declarations:
Family Relationships:
A bequeaths property to B for his life with remainder to B’s wife and her children, if any
by B, but if B dies without any wife or children, to C. B has a putative wife, D and children
but C denies that B and D were ever lawfully married. D and her children may, in B’s
lifetime institute a suit against C and obtain therein a declaration that they are truly the
wife and children of B.
Legal Character
• Caste:
It has also been held that caste is a legal character and a suit has been
allowed for a declaration that the plaintiff is a member of an
agricultural tribe or is not a member of a scheduled caste.
• Rights of Religious Nature:
A priest may maintain a suit for declaration that he is entitled to
officiate as a priest even though no emoluments are attached to the
office.
Legal Character
• Employment:
When there has been purported termination of a contract of service a declaration that the
contract of service still subsisted would rarely be made and would not be made in absence
of special circumstances because of the principle that the Courts do not grant specific
performance of contracts of service the remedy of the employee is a suit for damages.
Termination of relationship of master and servant will not entitle the servant to a
declaration to the effect that the service has not been validly terminated. However this
would not apply to an office where the body employing the servant has done so under
some statutory or other restriction.
Thus a declaration to enforce a contract of personal service can be granted in the
appropriate cases of public servants who have been dismissed from service in
contravention of Article 311. Where the service is under the statute it cannot be
determined arbitrarily.
Person entitled to a right to any
property
The second requirement is that the person who seeks the remedy must
have a right to any property.
Illustration:
A is in possession of certain properties. 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 of the property.