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1 - 5 of 5 (0.19 seconds)Smt. Pushpa Lata Sharma vs Aligarh Development Authority Aligarh ... on 21 January, 2010
iii) Copy of affidavit of Shri Dharmendera, Commissioner ( LM)
filed in SLP Re: Pushpa Sharma Vs. DDA is is Ex. D2W1/3.
Asha M. Jain vs The Canara Bank And Ors. on 15 October, 2001
"Therefore, a SA/GPA/WILL transaction does not convey any title
nor create any interest in an immovable property. The observations
by the Delhi High Court, in Asha M. Jain v. Canara Bank - 94(2001)
DLT 841, that the "concept of power of attorney sales have been
recognized as a mode of transaction" when dealing with transactions
by way of SA/GPA/WILL are unwarranted and not justified,
unintendedly misleading the general public into thinking that
SA/GPA/WILL transactions are some king of a recognized or
accepted mode of transfer and that it can be a valid substitute for a
sale deed. Such decisions to the extent they recognize or accept
SA/GPA/WILL transactions as concluded transfers, as contrasted
from an agreement to transfer, are not good law.
Executive Committee Of Vaish Degree ... vs Lakshmi Narain And Ors on 12 December, 1975
19.It has been held in Executive Committee of Vaish Degree
College, Shamli v. Lakshmi NarainĀAIR 1976 SUPREME
COURT 888 that the relief of declaration and injunction under the
provisions of the Specific Relief Act is purely discretionary and the
plaintiff cannot claim it as right. The relief has to be granted by the
Court according to sound legal principles and ex debito justitiae.
The Court has to administer justice between the parties and cannot
convert itself into an instrument of injustice or an engine of
Suit No. 50/2011 Page No. 11 of 13
oppression. In these circumstances, while exercising its
discretionary powers the Court must keep in mind the well settled
principles of justice and fair play and should exercise the discretion
only if the ends of justice require it, for justice is not an object
which can be administered in vacuum. Clearly, if a party supresses
material facts from the court then the relief of injunction and
declaration cannot be granted to that party.
The Specific Relief Act, 1963
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