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Provisions Relating to Declaratory Suit - Specific Relief Act Question: What do you mean by Declaratory Suit? Is it necessary to file a suit for execute such decree? Answer: Declaratory Suit A person who has a title to any property or a person who has a legal status can exercise his right without any interference. If someone objects or interferes with his or her rights or legal status, he or she can sue and get a declaration of his or her rights. Such a suit is called a declaratory suit. Giving declaration in a declaratory suit is a discretionary power of the court. Legal Explanation of a Declaratory Suit: Section 42 of the Specific Relief Act of 1877, has provided for declaratory suit. According to this section, "Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the Court may in its discretion make therein a declaration that he is so e...

State Government and Administration of the United States of America  State government and Administration The importance of the State in the American polity cannot be overemphasized. According to Prof. Munro, "The States are still the pivot around which the whole American political system revolves. Were it not for the States, the national government could not function; a President could not be elected, nor could Congressmen be chosen; for it is the States that arrange the congressional districts, prepare the voters lists and provide the machinery of elections. In them, too is to be found the organized party life of the nation, so important in actual conduct of our electoral institutions- national parties being little more than instruments for coordinating the individual State units of the same partisan allegations for nation-wide election campaigns. Again "without the action of the State legislatures (either by ratifying or initiating proposals) no formal amendment could be a...

Court System of USA Judicial System of United States of America Generally by Court System of USA means how America administers justices. Under the constitution of the United States, there are two series of courts, namely, the state courts and the federal courts. Thus, the distinctive feature of the judicial system of America is that it contemplates separate and distinctive system of state courts and federal courts. The federal courts are established under federal laws and the state court under state laws. Under clause (1) of Article (3) of the constitution of USA it is mentioned that the judicial power of United States shall vest in a Supreme Court and those sub-ordinate courts which shall be established by the Congress by law from time to time." In this way, the composition, constitution and jurisdiction of the Supreme Court has not been described in the constitution and this all has been left to Congress. Problems in studying American Courts: (i) Overlapping of jurisdiction of...

The Executive of the United States of America  (A) President There is no political office in the world today that carries with it greater constitutional power and responsibility than the American Presidency. Time and events, greater general law and personality, have built the Presidential office into an unparalleled position of national leadership and world prestige. Qualifications of the president of The United States of America: The Constitution provides that a candidate for Presidency must fulfill the following conditions: (a) He must be a natural born citizen of the United States. (b) He must not be less than 35 years of age. (c) He must, have live in the U.S.A. for not loss than 14 years. The question of residence was raised by the opponents of Herbert Hoover who has not been a resident for fourteen consecutive years immediately prior to his election in 1828, although he had resided in the United States considerably more than fourteen years altogether. According to Ferguson ...

Declaratory Suits & Decrees Question: What is a declaratory decree? In which suits and under what circumstances can a declaratory decree be issued? What are the exceptions? Answer: Declaratory Decrees: A person who has a right to any property or a person who has a legal status can exercise his right without any interference. If someone objects or interferes with his or her rights or legal status, he or she can sue and get a declaration of his or her rights. Such a suit is called a declaratory suit. A decree issued in a declaratory suit is called a declaratory decree. Section 42 of the Specific Relief Act of 1877, has provided for declaratory suit. According to this section, "Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the Court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not i...

The Parliament of the United States of America  US Parliament  The American Constitution vests the legislative powers of the federation in a bicameral legislature, known as the Congress. The Upper and Lower Chambers are called the Senate and the House of Representatives respectively. The legislative powers of both the chambers are co-equal, except that a Money Bill can only originate in the House of Representatives. But in, effect, the Senate is more powerful than the House. The Senate enjoys certain executive and judicial powers which the House does not. The Senate is not only more powerful than the House, but is also the most powerful Second Chamber in the world. The Senate of the U.S.A Term of Senate The Senators are elected for a term of six years one third retiring every two years. The retiring Senators are eligible for re-election. Rather, every good Senator is elected over again. There are numerous examples of persons remaining members of the Senate for over 18 years...