Court : Delhi
..... no.5 mr. rajeev gupta, executive director of motor & general finance ltd. (iv) the property, at the time of agreement to sell was mortgaged with punjab & sind bank and it was inter alia a term of the agreement to sell that the defendant no.4 will deposit the amount mentioned in the ..... 5 to refund the amount of rs.5,20,000/- entrusted by the plaintiffs to the defendant no.5 for conversion of leasehold rights in the land underneath the said property into freehold; (iii) mandatory injunction directing the defendant no.5 to get the property converted from leasehold to freehold and execute ..... under order vii rule 1. 11 of the cpc read with sections 18 and 34 of the recovery of debts due to banks & financial institutions act, 1993 (drt act) is for consideration. cs(comm) no.962/2016 page 1 of 25 2. the counsel for the plaintiffs was heard at length on the ..... 17; (iii) that the tribunals and appellate tribunals have also been freed from the shackles of procedure contained in the cpc; (iv) that drt act has not only brought into existence special procedural mechanism for speedy recovery of the dues of banks and financial institutions, but also made provision for ensuring that ..... articles 226 and 227 of the constitution or by filing a civil suit, which is expressly barred; and, (iii) even though a provision under an act cannot expressly oust the jurisdiction of the court under articles 226 and 227 of the constitution, nevertheless when there is an alternative remedy available, judicial prudence .....Tag this Judgment!
Court : Delhi
..... can in no case bind the minor by a personal covenant. (2) the natural guardian shall not, without the previous permission of the court, (a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor; or (b) lease any part of such ..... (efa) (comm) 6/2016 page 98 of 115 bengal nagpur rly. co. ltd. v. ruttanji ramji [air1938pc67:65. ia66: (1938) 1 mlj640 and the decisions of this court in union of india v. west punjab factories ltd. [(1966) 1 scr580: air1966sc395 ; union of india v. watkins mayor & co. [air1966sc275 ; union of india v. ..... co.ltd. v. forestry commissioners, (1988) 1 w.l.r.959 the case related to an indenture granting a lease to the respondents on certain lands. the issue there was a construction of reservation of sporting rights which contained in the indenture. the question that arose is as to whether deer are covered ..... is not a type intended to be guarded against. a claim in tort cannot, in my opinion, be contrary to the statutory law of the land. the legislature of our country having provided for the remedy for precontract representation, no claim for damages for pre-contract misrepresentation can be maintained under the ..... to the authorities in english law.44. however, section 19 of the contract act does have a grey area. the learned author pollock and mulla has opined that there is a lack of clarity in the said section where restitution is not literally possible.45. this aspect was noted by the law commission .....Tag this Judgment!