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said
Act) is empowered to entertain an application for negative
declaration to the effect that the opponent ... Mamlatdar would have no jurisdiction to grant a negative
declaration that the opponent is not a tenant under the said
Bombay High Court
question
referred to us should be in the negative. I wish only to add a few
words and my remarks ... sake of convenience call, a negative declaration?
6. These questions as well as some other questions, have been the
subject
Karnataka High Court
said Act) is
empowered to entertain an application for negative declaration to the
effect that the opponent ... jurisdiction of the Mamlatdar, to issue such a
negative declaration. The Mamlatdar the respondent No. 3 while
rejecting the preliminary
Bombay High Court
Calcutta High Court
Damodar Shah vs Union Of India (Uoi) on 23 March, 1959 Equivalent
Calcutta High Court
Bombay Revenue Tribunal
held in that case that a negative declaration cannot be granted by the
Mamlatdar, and this view ... jurisdiction of the Mamlatdar to grant a negative
declaration, it has been urged by Mr. Karlekar with considerable force
that
Bombay High Court
foregoing observations, the petitioner should have to
pray for negative declaration before a competent Court of lowest
jurisdiction and Section ... ground that the petitioner was
entitled to pray for negative declaration before a competent Court of
lowest grade of jurisdiction
Calcutta High Court
interim order on the following grounds :-
(a) A negative declaration is not maintainable under Section 34 of the Specific
Relief ... submitted that the findings of the Learned Judge that negative
declaration is not maintainable is erroneous and misconceived
Kolkata High Court (Appellete Side)
declaration contemplated by section 21 can also be a negative
declaration to the effect that the person holds the total ... appeal can lie under
section 33 against such a negative declaration. The landholder in that
case was found
Bombay High Court
learned senior counsel appearing for the appellant
argued that negative declaration made by the High Court on the
constitutionality
Supreme Court of India
fail
to understand the need for claiming such a negative
declaration. After all, the plaintiff can sue for partition,
rendition ... such an
oral will and the validity thereof. The negative declaration
sought for by the plaintiff appears
Supreme Court of India
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