Words and phrases

Words and Phrases -  Justice Courts to dispense justice, are supposed to do social justice as well and to have determination to do real justice rather than paper justice. (2018-2) PUNJAB LAW REPORTER 

 

Words and phrases - “Without Prejudice”  - Letter of Undertaking “Without Prejudice” – Letter containing the undertaking that if the debt was not paid, the creditor could take over the secured assets - Submission on behalf of the debtor that the letter of undertaking was given in the course of negotiations and cannot be held to be an evidence of the acknowledgement of liability of the debtor, apart from being untenable in law, reiterates the attempt to evade liability and must be rejected - The submission that the letter was written without prejudice to the legal rights and remedies available under any law and therefore the acknowledgement or the undertaking has no legal effect must likewise be rejected - Mere introduction of the words “without prejudice” have no significance and the debtor clearly acknowledged the debt even after action was initiated under the SARFAESI Act and even after payment of a smaller sum, the debtor has consistently refused to pay up - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002).   (S.C.). (2018-2) PUNJAB LAW REPORTER