Question

Which of the following is/are CORRECT with respect to "Declaratory Decrees" under The Specific Relief Act, 1963?

• A. Section 34 of the said Act deals with it.
• B. It is discretionary in nature.
• C. Both (Section 34 of the said Act deals with it) and (It is discretionary in nature)
• D. None of these

Hint:

A declaratory decree under Section 34 of The Specific Relief Act is issued at the discretion of the court to determine the existence of a right.

Answer 1

The Correct Option is C

Step 1: Understanding the Question.
Section 34 of The Specific Relief Act, 1963, provides that a declaratory decree can be issued by a court to determine the existence or non-existence of a right. These decrees are discretionary in nature.
Step 2: Analysis of Options.
- (A) Section 34 of the said Act deals with it: This is correct as Section 34 specifically addresses declaratory decrees.
- (B) It is discretionary in nature: This is correct because the court has discretion to issue a declaratory decree.
- (C) Both (Section 34 of the said Act deals with it) and (It is discretionary in nature): This is the correct answer as both statements are true.
- (D) None of these: This is incorrect since option (C) is correct.
Step 3: Conclusion.
Thus, the correct answer is (C) Both (Section 34 of the said Act deals with it) and (It is discretionary in nature).