3 practice sets · Page 1 of 1
Under Specific Relief Act, Declaratory decree is provided under which chapter –
Chapter III
Chapter IV
Chapter V
Chapter VI
Chapter VII
Correct Answer: D — Chapter VI
Explanation:
Chapter VI of the Specific Relief Act 1963 provides for Declaratory Decrees under Section 34 of the Act and is the present law which governs declaratory reliefs in India.
What is the purpose of a declaratory decree under Section 34 of the Specific Relief Act, 1963?
To claim monetary compensation
To obtain possession of the property
To establish one's entitlement to a legal character or right
To enforce a contract
None of the above
Correct Answer: C — To establish one's entitlement to a legal character or right
Explanation:
The declaratory decree is a means to provide relief to someone who is being denied rights or titles to which he/she is entitled. The Specific Relief Act of 1963 provides such relief under Sections 34 and 35.
According to Section 34, who can institute a suit against any person denying their title to a legal character or right?
Only individuals
Only corporations
Any person entitled to such character or right
Only government entities
None of the above
Correct Answer: C — Any person entitled to such character or right
Explanation:
The Any person entitled to such character or right. Section 34 of the Specific Relief Act of 1963: Discretion of court as to declaration of status or right - Any person entitled to any legal character or any right as to any property may institute.
