Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of owner of offending vehicle - Contention that ownership of vehicle is transferred to appellant driver and thus, owner has no liability to pay compensation - However, recitals of agreement to sell in question indicate that there has been no transfer of ownership of vehicle and appellant merely..........
Agreement to sell -- Specific performance - Readiness and willingness can be shown through pleadings, documents or by conduct...........
Agreement to sell -- Specific performance - Parties have agreed to fix three years time to complete performance of contract - If the intention of parties is to complete transaction within three years period, Court cannot substitute its own view regarding fixation of such a long period unless there is evidence to show that intention of parties was not to convey property..........
Agreement to sell -- Specific performance - Legal notices issued discloses plaintiff's readiness and willingness - Defendants did not dispute plaintiff's readiness and willingness except making allegations in respect of earlier agreement, which has not even seen the light of day - Defendants failed to substantiate their plea of forgery and fabrication - Relief of specific..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Challenge as to - Question of lawfulness of compromise by invoking to O.23.R.3 explanation CPC, can only be examined by very Court before whom compromise agreement was presented and based upon which decree came to be passed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether plaintiff is entitled to relief or not will be adjudicated by Court after trial - Whether plaintiff acts contrary to recital in the agreement is a question of fact and Court will adjudicate by framing necessary issues based on pleadings of respective parties, after evidence is let in...........
Agreement to sell -- Validity - Self serving evidence of plaintiff cannot be wholly relied upon as evidencing execution of suit agreement...........
Agreement to sell -- Specific performance - Plaintiff failed to prove the existence of a valid suit agreement - Defendant stated that he borrowed a sum of Rs.50,000 and claims to have returned it - Onus to discharge the claim of returning debt borrowed from plaintiff rests on defendant - Indebtedness of defendant to plaintiff can be accepted in the admission of defendant..........
Agreement to sell -- Validity - Plaintiff failed to prove that agreement to sell was a genuine document - Merely because stamp paper was purchased it cannot be held that agreement was genuine...........
Agreement to sell -- Validity - Agreement in question and receipt was allegedly executed by defendants - However, some of defendants not signed the agreement and receipt - No authority was given by them to other defendants to sell the property - Genuineness of agreement to sell is not proved by plaintiff - Agreement in question is not genuine...........
