No Injunction against Karta against selling jt family property.

In this case the court reiterated the posittion that there can be no blanket injunction against Karta restraining him from alienating the properties for the simple reason that :-i) There is an equally efficacious relief in getting sale set aside;ii) Karta's powers are statutory and he is the person who has to judge the pressure … Continue reading No Injunction against Karta against selling jt family property.

Specific Performance of an Agreement executed by Vendor alone

Supreme Court of India Alka Bose vs Parmatma Devi & Ors. on 17 December, 2008 Author: P Sathasivam Bench: R.V. Raveendran, P. Sathasivam SUPREME COURT OF INDIA RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 6197 OF 2000 ALKA BOSE Appellant (s) VERSUS PARMATMA DEVI & ORS. Respondent(s) Date: 17/12/2008 This Appeal was called on for judgment … Continue reading Specific Performance of an Agreement executed by Vendor alone

Declaration as to illegal termination

Comment : In this case the court held that a declaration that a termination of a professor was illegal and he remained in service, was tantamount to ordering specific performance of a contract based on personal volition/qualification.  Supreme Court of India Dr. S. B. Dutt vs University Of Delhi on 3 September, 1958 Equivalent citations: 1958 … Continue reading Declaration as to illegal termination