Whether declaration given U/S 34 of specific relief Act is binding on third party?

By virtue of section 35 of the Specific Relief Act a declaration given under section 34 is binding only between the parties. It is declaration in personam and not in rem. Thus the Indian Authorities would not be bound by the declaration. 

IN THE HIGH COURT OF BOMBAY

Notice of Motion No. 1272, 1638 and 1663 of 1999 in Suit No. 2352 of 1999

Decided On: 10.09.1999

SNP Shipping Services Pvt. Ltd. & others  Vs. World Tanker Carrier Corporation & another

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Whether contempt proceeding can be initiated against state without impleading its officers?

 If the facts of the case are examined in light of the High Court of Chhattisgarh (Contempt of Court Proceedings), Rules, 2007 and the principles of law laid down with regard to nature of contempt proceeding and impalement of the contemnor/person charged as laid down Tarafatullah Mandal case (supra) it is held that contempt proceeding is proceeding in person am and the petitioners have neither given the names of the person charged and responsible for breach of the order of Court on behalf of the State Government and Nagar Panchayat, therefore a contempt proceeding cannot be proceeded with in absence of individual person responsible for disobeying the order of the Court being a party as contemnor. Thus the petitioners having failed to name the person charged/contemnor in the contempt petition and even not given the date or dates on which the order is said to be disobeyed the contempt proceeding cannot be initiated under Section 12 of the Contempt of Courts Act, 1971. Resultantly, the contempt petition as framed and filed is not in accordance with Rule 349 of the High Court of Chhattisgarh (Contempt of Court Proceedings) Rules, 2007 is dismissed as not maintainable. However it will be open to the contempt petitioners to file duly constituted contempt petition in accordance with Rules of 2007.

IN THE HIGH COURT OF CHHATTISGARH

Contempt Case (C) No. 412 of 2014

Decided On: 10.11.2014

Appellants: Sada Singh and Ors.
Vs.
Respondent: State of Chhattisgarh and Ors.

Hon'ble Judges/Coram:Sanjay K. Agrawal, J.

Citation: 2015CriLJ1462

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