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IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR DECLARATION Judgment reserved on:09.10.2012Judgment pronounced on: 16.10.2012 CS(OS) 2338/2012 SANTOSH PURI Through: Mr R.M. Bagai and Ms.

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A suit for declaration and cancellation of Documents is a remedy provided under Section 39 of Specific Relief Act, 1877, when there is reasonable apprehension that the property may be transferred without due course of law and the Document is void or voidable and it may cause serious injury to the affected person.

39. Any person against whom a written instrument is void or voidable, who has reasonable apprehension that such instrument, if left outstanding, may cause him serious injury, may sue to have it adjudged void or viodable; and the Court may, in its discretion, so adjudge it and order it to be delivered up and cancelled.

(b) to affect the operation of the Indian Registration Act, 1908 (16 of 1908), on documents. penal laws. —Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law.

whether the reliefs sought by the plaintiff were mere declaratory reliefs or there was also a consequential relief prayed ... short, consequential relief means some relief which is a necessary corollary to the principal declaratory relief prayed.

39. Mandatory injunctions. —When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts.

Section 38 of the Specific Relief Act deals with, when and how the perpetual injunctions can be granted in favour of the plaintiff. Now we will go through with section 38 of the Specific Relief Act. breach of an obligation existing in his favour, whether expressly or by implication.

29. The dismissal of a suit for specific performance of a contract or part thereof shall bar the plaintiff's right to sue for compensation for the breach of such contract or part, as the case may be.

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© Copyright 1997-2025
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232