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1 - 4 of 4 (0.44 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.
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
Suit No. 998/2010 Page No. 10 of 12
College, Shamli v. Lakshmi NarainAIR 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.
The Specific Relief Act, 1963
1