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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 Suit No. 999/2010 Page No. 11 of 14 SA/GPA/WILL transactions as concluded transfers, as contrasted from an agreement to transfer, are not good law.
Delhi High Court Cites 19 - Cited by 399 - S K Kaul - Full Document

Executive Committee Of Vaish Degree ... vs Lakshmi Narain And Ors on 12 December, 1975

20.It has been held in Executive Committee of Vaish Degree Suit No. 999/2010 Page No. 12 of 14 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 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.
Supreme Court of India Cites 29 - Cited by 471 - S M Ali - Full Document
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