Supreme Court of India

Gian Kaur v. Raghubir Singh

Neutral citation
Reported as [2011] 2 S.C.R. 486
Bench G.S. Singhvi and Asok Kumar Ganguly JJ.
Decided 3 February 2011

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

For the reasons aforesaid, this Court holds that the suit G ! is not hit by Section 34 of the Specific Relief Act.

Judgment, page 6

From the headnote

Specific Relief Act, 1963 - s. 34 - Suit for declaration - Decreed by trial court and first appellate court - However, set aside by High Court on a finding that suit simpliciter for declaration is not maintainable uls. 34 and the plaintiff should have filed a suit for possession - Held: Finding of the High Court that suit simpliciter for declaration is not maintainable u/s. 34, is not sustainable - In the suit, apart from a prayer for declaration there was a consequential prayer for a decree for permanent injunction as also an alternative prayer for decree for possession - Also, the issue

Where later benches applied it

Of those, 1 relied on

Sign in free to read it

  • The full judgment, page by page, as published in the Supreme Court Reports
  • The ratio: what the Court held, verbatim, with the page it sits on
  • Every bench that relied on it, and every bench that argued against it
  • Search every reported judgment, by party, citation or question
  • Download the PDF, copy pinpoint citations ready for a filing
Sign in to read - for free

An email address, no password.