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NRI legal services - https://lexlords.com/criminal-appeal/ https://lexlords.com/annulment-of-marriage/ - https://lexlords.com/annulment-of-marriage/ . The Division Bench of the Bombay High Court, relying on the decision of three Judges Bench of this Court in the case of Union of India v/s. Tewatia contended that the clarifications issued by the Government and the Cabinet decision NRI Legal Services - https://lexlords.com/articles/ relied upon by the Distribution Company would not fall within the preview of Rule 12(1) of the Transfer Scheme Rules. to the vendor was ordered but Sulaiman C. " We hold, therefore, that the doctrine of frustration is really an aspect or part of the law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to be done and hence comes within the purview of section 56 of the Indian Contract Act. As the title no longer rests in the vendor it would be illogical from a conveyancing point of view to compel him to convey to the plaintiff unless steps are taken to re-vest the title in him either by cancellation of the subsequent sale or by reconveyance from the subsequent purchaser to him. This is undoubtedly true and this Court had occasion in the recent case of Makhan Singh Tarsikka v. Against this decision, the Department filed a writ petition before the High Court, being Writ Petition No. " It is true that the partition contemplated in these passages is one after the death of the father. The appellant has, therefore, approached this Court by way of present appeal It is also clarified that the respondents are free to take any action against the applicant regarding his service NRI Legal Services - https://lexlords.com/defamation/ for any other reasons than his not belonging to Halba S/T community. The sale to him is not void but only voidable at the option of the earlier "contractor". Dattatray s/o Namdeo Mendhekar and Ors[2], allowed the writ petition and restored the termination order dated 8th June, 2004. 308 of 1951)(1) to observe "it cannot too often be emphasised that before a person is deprived of his personal liberty the procedure established by law must be strictly followed and must not be departed from to the disadvantage of the person affected". He directed cancellation of the subsequent sale and conveyance to the plaintiff by the vendor in accordance with the. We do not know of any case in which a reconveyance. This proposition, however, applied with equal force to cases of preventive detention before the commence- ment of the Constitution, and it is difficult to see what difference the Constitution makes in regard to the position. but when ever the partition might take place, the view of the Hindu law givers undoubtedly is that the binding debts on the family property would have to be satisfied or provided for before the coparceners can divide the property. "It seems necessary for us to emphasise that so far as the courts in this country are concerned, they must loot primarily to the law as embodied in sections 32 and 56 of the Indian Contract Act, 1872. adopted the other course in Kali Charan v. It must be held also that to the extent that the Indian Contract Act deals with a particular subject, it is exhaustive upon the same and it is not permissible to import the principles of English law dehors these statutory provisions. She contended that the findings recorded by the Division Bench to the effect that the Distribution Company is a licensee and that the licence relating to land alone would be a decisive factor to determine ownership without reference to the distribution licence are not correct Delhi Power Company Ltd. It was urged that article 22 lays down the procedure to be followed in cases of preventive detention and the said procedure must be strictly observed 401 as the only prospect of release by a court must be on the basis of technical or formal defects, a long line of deci- sions having held that the scope of judicial review in matters of preventive detention is practically limited to an enquiry as to whether there has been strict compliance with the requirements of the law. "The sons should divide the wealth and the debts equal- lyl. nWe, however, make it clear that neither the applicant nor his children will claim any further benefit available to a S/T candidate and they shall be treated as belonging to Open Category. :specific performance. The decisions of the English courts possess only a persuasive value and may be helpful in showing how the courts in England have decided cases under circumstances similar to those which have come before our courts. First, we reach the position that the title to the property has validly passed from the vendor and resides in the subsequent transferee. It would be incorrect to say that section 56 of the Contract Act applies only to cases of physical impossibility and that where this section is not applicable, recourse can be had to the principles of English law on the subject of frustration. nThis liability to pay the property tax under Section 120 (1) (c) is irrespective of the fact that the land belongs to the Government or to the holding company i. contract of sale of which the plaintiff sought. The petitioner's learned counsel conceded that he could not challenge the correctness of the second proposition, but took exception to the first as being no longer tenable after the Indian Constitution came into force. The State of Punjab (Petition No.