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Rajiv Gandhi Natinal University of LAW Special Leave Petition Under Article 136 of The Constitution

The document discusses a special leave petition submitted by Avik Aggarwal to Dr. Lakhwinder Singh for their B.A.LLB course at Rajiv Gandhi National University of Law. Avik acknowledges and thanks Dr. Singh and others for their guidance and support during the project. Dr. Singh provides a supervisor's certificate confirming that Avik's project on special leave petitions under Article 136 of the Indian Constitution was bona fide original research.

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22 views5 pages

Rajiv Gandhi Natinal University of LAW Special Leave Petition Under Article 136 of The Constitution

The document discusses a special leave petition submitted by Avik Aggarwal to Dr. Lakhwinder Singh for their B.A.LLB course at Rajiv Gandhi National University of Law. Avik acknowledges and thanks Dr. Singh and others for their guidance and support during the project. Dr. Singh provides a supervisor's certificate confirming that Avik's project on special leave petitions under Article 136 of the Indian Constitution was bona fide original research.

Uploaded by

kaku
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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RAJIV GANDHI NATINAL UNIVERSITY OF

LAW

SPECIAL LEAVE PETITION UNDER


ARTICLE 136 OF THE CONSTITUTION

SUBMITTED BY: SUBMITTED TO:


AVIK AGGARWAL Dr. LAKHWINDER SINGH
ROLL NO. 19071 (ASSITANT PROFESSOR
GROUP NO. 14 OF LAW)
ACKNOWLEDGEMENT

On completion of this project it is my present privilege to acknowledge my


heartfelt gratitude and indebtedness towards my teachers for their valuable
suggestion and constructive criticism. Their precious guidance and unrelenting
support kept me on the right path throughout the whole project and very much
thankful to my teacher in-charge and project coordinators for giving me this
relevant and knowledgeable topic.

I wish to express my sincere gratitude to my teacher Assistant Professor Dr.


Lakhwinder Singh for his guidance and encouragement in carrying out this
project work.

I also wish to express my thanks to my group members and my friends for their
ideas because of which this project became more captivating. I am also thankful
to my institution library for providing a broad range of books to learn more.

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RAJIV GANDHI NATIONAL UNIVERSITY OF
LAW, PUNJAB

SUPERVISOR’S CERTIFICATE

Dr. Lakhwinder Singh Date: 10/03/21

(Assistant Professor of Law)

This is to certify that the project titled SPECIAL LEAVE PETITION UNDER
ARTICLE 136 OF THE CONSTITUTION submitted to Rajiv Gandhi National
University of Law, Patiala in partial fulfilment of the requirement of the
B.A.LLB (Hons.). Course is an original and bona-fide research work carried out
by Mr. Avik Aggarwal under my supervision and guidance. No part of this
project has been submitted to any University for the award of any Degree or
Diploma, whatsoever.

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MEANING OF DOCTINE OF PART-PERFORMANCE:
The doctrine of part performance of contract is based on the general doctrine of prevention of
fraud. It is meant to protect the transferee who has taken possession, spent money in further
improvements. When a transferee has, in the faith that the transfer would be completed according
to the law, taken possession, it would be inequitable to allow the transferor to treat the transferee
as trespasser.
It is based on the Maxim ‘Equity looks on that as done
whom ought to have been done’. It means equity treats the subject matter of a contact as to its
effects in the same manner as if the act contemplated in the contract had been fully executed,
from the moment the agreement has been made, though all the legal formalities of contract have
not been yet completed. In law of contracts (for e.g., a contract for sale), no rights pass to another
till the sale is complete But if a person after entering into a contract performs his part or does any
act in furtherance of the contract, he is entitled to reimbursement or performance in case the
other party drags its feet.
Section 53A says that if a person makes an agreement with another and lets the other person act
on the behalf of the contract; such a person creates an equity himself that cannot be resisted on
the mere grounds of absence of formality in the evidence or contract of such a transfer. Thus, if
the contract has not been registered or completed in the prescribed manner, the transferor can still
not go against the transferee or anyone claiming under him. However, the deed should not be
unsigned or unstamped. Nothing in this section affects the rights of a transferee for consideration
even if he had no notice of contract of part performance.
Basis of the doctrine of part performance are the following three maxims of equity:
 Who seeks equity must do equity.
 Equity treats that as done which ought to have been done.
 Equity looks to the intent rather than to the form

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