Court : Delhi
..... permits injunction to enforce negative covenant in a contract, even though the contract is not specifically enforceable.32. i thus conclude, that for seeking performance of contractual acts of which the defendant is in breach of, the relief of mandatory injunction cannot be granted.33. the reasoning of the learned adj in the impugned order ..... avoiding uncertainty and friction in the system which the statute purports to regulate , is by holding that the obligations, to prevent breach whereof performance of certain acts can be compelled by issuing a decree for mandatory injunction, are obligations in law, other than those under a contract. if the obligation is under a ..... arises for consideration is, whether relief in the nature of enforcement of the contractual obligations can be claimed by seeking a mandatory injunction.16. the specific relief act, as per preamble thereto, was enacted to define and amend the law relating to certain kinds of reliefs, and the specific reliefs dealt in part ii .....
Tag this Judgment!Court : Delhi
..... used but not defined in this order but defined in the representation of the people act, 1950, or the rules made thereunder or in the representation of the people act, 1951, or the rules made thereunder shall have the meanings respectively assigned to them in those acts and rules. w.p.(c) 10728/2017 page 24 of 45 4. allotment ..... it would amount to the... petitioner, not having any remedy in the eyes of law against the decision of respondent no.1/eci, as the... petitioner would be forced to register a new political party to exercise his right to form a functional political association, and thereby give up his claim and render his own petition infructuous.13. ..... position before this court is inconsistent with the approach adopted by it in this case itself. he submits that by opposing this application, the... respondents are trying to force the... petitioner to register the group led by him as a separate political party, thereby giving up his claim in the main writ petition to the aiadmk name and .....
Tag this Judgment!Court : Delhi
..... his bye- pass surgery whereas bmw was being driven at 150 km per hour and bmw hit the indigo with such a great force that the indigo turned turtle and was thrown at a long distance. mac. app. nos.616/2016, 594/2016, 612/2016 ..... hit by bmw bearing no.hr26av0007which came from south side. bmw hit the indigo car from right side with such a great force that the indigo turned turtle due to the impact and was thrown at a distance. the occupants of the indigo were taken by ..... the above caveat is illustrated by following explanatory comments which can be conveniently called counter illustrations :-" as to illustration (e) a judicial act, the regularity of which is in question, was performed under exceptional circumstances; xxx xxx xxx as to illustration (g) a man ..... a victim of the road accident or an air filed by the police under section 158(6) of the motor vehicles act which is treated as a claim petition under section 166(4) of the motor vehicles act. these provisions are in the nature of social .....
Tag this Judgment!Court : Delhi
..... his bye- pass surgery whereas bmw was being driven at 150 km per hour and bmw hit the indigo with such a great force that the indigo turned turtle and was thrown at a long distance. mac. app. nos.616/2016, 594/2016, 612/2016 ..... hit by bmw bearing no.hr26av0007which came from south side. bmw hit the indigo car from right side with such a great force that the indigo turned turtle due to the impact and was thrown at a distance. the occupants of the indigo were taken by ..... the above caveat is illustrated by following explanatory comments which can be conveniently called counter illustrations :-" as to illustration (e) a judicial act, the regularity of which is in question, was performed under exceptional circumstances; xxx xxx xxx as to illustration (g) a man ..... a victim of the road accident or an air filed by the police under section 158(6) of the motor vehicles act which is treated as a claim petition under section 166(4) of the motor vehicles act. these provisions are in the nature of social .....
Tag this Judgment!Court : Delhi
..... that all members of the itbp in existence as of that date were deemed to have been appointed/enrolled under the itbp act. from that date the provisions of the central reserve police force act, 1949 ( crpf act ) and the rules made there under ceased to apply to members of the itbp. all members of the itbp from the rank of constable to ..... the concerned capfs themselves i.e. the bsf, crpf, itbp and ssb have also favoured the removal of the discrimination. the following test laid down by the supreme court in air india v. nergesh meerza (supra) stands fully satisfied in the present case: there can be no cut and dried formula for fixing age of retirement. it is to be ..... one common service. merely because the sources of there cannot be apartheidisation within the common service. recruitment are different, 36.10 reference was also made to the decision in air india v. nergesh meerza (1981) 4 scc335where one of the issues that was examined was the rationality behind fixing the age of superannuation of .....
Tag this Judgment!Court : Delhi
..... that all members of the itbp in existence as of that date were deemed to have been appointed/enrolled under the itbp act. from that date the provisions of the central reserve police force act, 1949 ( crpf act ) and the rules made there under ceased to apply to members of the itbp. all members of the itbp from the rank of constable to ..... the concerned capfs themselves i.e. the bsf, crpf, itbp and ssb have also favoured the removal of the discrimination. the following test laid down by the supreme court in air india v. nergesh meerza (supra) stands fully satisfied in the present case: there can be no cut and dried formula for fixing age of retirement. it is to be ..... one common service. merely because the sources of there cannot be apartheidisation within the common service. recruitment are different, 36.10 reference was also made to the decision in air india v. nergesh meerza (1981) 4 scc335where one of the issues that was examined was the rationality behind fixing the age of superannuation of .....
Tag this Judgment!Court : Delhi
..... that all members of the itbp in existence as of that date were deemed to have been appointed/enrolled under the itbp act. from that date the provisions of the central reserve police force act, 1949 ( crpf act ) and the rules made there under ceased to apply to members of the itbp. all members of the itbp from the rank of constable to ..... the concerned capfs themselves i.e. the bsf, crpf, itbp and ssb have also favoured the removal of the discrimination. the following test laid down by the supreme court in air india v. nergesh meerza (supra) stands fully satisfied in the present case: there can be no cut and dried formula for fixing age of retirement. it is to be ..... one common service. merely because the sources of there cannot be apartheidisation within the common service. recruitment are different, 36.10 reference was also made to the decision in air india v. nergesh meerza (1981) 4 scc335where one of the issues that was examined was the rationality behind fixing the age of superannuation of .....
Tag this Judgment!Court : Delhi
..... that all members of the itbp in existence as of that date were deemed to have been appointed/enrolled under the itbp act. from that date the provisions of the central reserve police force act, 1949 ( crpf act ) and the rules made there under ceased to apply to members of the itbp. all members of the itbp from the rank of constable to ..... the concerned capfs themselves i.e. the bsf, crpf, itbp and ssb have also favoured the removal of the discrimination. the following test laid down by the supreme court in air india v. nergesh meerza (supra) stands fully satisfied in the present case: there can be no cut and dried formula for fixing age of retirement. it is to be ..... one common service. merely because the sources of there cannot be apartheidisation within the common service. recruitment are different, 36.10 reference was also made to the decision in air india v. nergesh meerza (1981) 4 scc335where one of the issues that was examined was the rationality behind fixing the age of superannuation of .....
Tag this Judgment!Court : Delhi
..... that all members of the itbp in existence as of that date were deemed to have been appointed/enrolled under the itbp act. from that date the provisions of the central reserve police force act, 1949 ( crpf act ) and the rules made there under ceased to apply to members of the itbp. all members of the itbp from the rank of constable to ..... the concerned capfs themselves i.e. the bsf, crpf, itbp and ssb have also favoured the removal of the discrimination. the following test laid down by the supreme court in air india v. nergesh meerza (supra) stands fully satisfied in the present case: there can be no cut and dried formula for fixing age of retirement. it is to be ..... one common service. merely because the sources of there cannot be apartheidisation within the common service. recruitment are different, 36.10 reference was also made to the decision in air india v. nergesh meerza (1981) 4 scc335where one of the issues that was examined was the rationality behind fixing the age of superannuation of .....
Tag this Judgment!Court : Delhi
..... that all members of the itbp in existence as of that date were deemed to have been appointed/enrolled under the itbp act. from that date the provisions of the central reserve police force act, 1949 ( crpf act ) and the rules made there under ceased to apply to members of the itbp. all members of the itbp from the rank of constable to ..... the concerned capfs themselves i.e. the bsf, crpf, itbp and ssb have also favoured the removal of the discrimination. the following test laid down by the supreme court in air india v. nergesh meerza (supra) stands fully satisfied in the present case: there can be no cut and dried formula for fixing age of retirement. it is to be ..... one common service. merely because the sources of there cannot be apartheidisation within the common service. recruitment are different, 36.10 reference was also made to the decision in air india v. nergesh meerza (1981) 4 scc335where one of the issues that was examined was the rationality behind fixing the age of superannuation of .....
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