Agreement to sell -- An agreement to sell is not the same as sale - Title to property agreed to be sold vests in the vendor in case of an agreement to sell but in case of sale, title of property vests with purchaser - Agreement for sale is a executory contract wherein a sale is a executed contract...........
Agreement to sell -- A contract for sale does not, by itself, create any interest in or charge on such property - Such contract is merely a document creating a right to obtain another document in the form of sale deed to be registered in accordance with law...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Principle of utmost good faith imposes positive obligations of disclosure - In its practical application the principle permits either party to avoid contract altogether if it is established against other party either that: (1) there has been a failure by other party to disclose a material fact; or..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - When an insurer accepts the risk, it can repudiate the claim on limited grounds such as : (a) by pleading and proving that there was a failure on part of insured in making disclosure of a material fact which renders the contract voidable at the instance of insurer and; (b) by demonstrating that..........
Insurance -- An exclusion clause in the policy is to be construed in a manner that it does not defeat main purpose of contract and could even be read down to serve the main purpose of policy that is to indemnify policy holder...........
Insurance -- Once a proposal is accepted by insurer and formalities are complete, in absence of plea and evidence of fraud or misrepresentation making contract voidable at the instance of insurer, insurer cannot be permitted to wriggle out of its liability under the contract...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Explosion/blast in boiler - Boiler in question was registered under Boilers Act and its usage was permitted for crushing season 2004-05 during which accident occurred - Once a certificate of registration for use of such boiler is issued, during currency of that certificate, boiler concerned would..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Where contract of insurance is not disputed even on breach of insurance conditions, Court had allowed recovery of compensation from insurer by giving right to insurer to recover the same from vehicle owner...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Fire insurance - Contract of fire insurance is a contract to indemnify Insured against loss by fire - In order to determine whether in a particular case loss is caused by fire following rules generally apply : (i) There must be an actual fire, hence mere heating or fermentation will not be sufficient to render..........
Limitation Act, 1963, Article 55 -- Limitation - Continuing breach - Breach continues during the period fixed in the contract - On expiry of period of contract, breach ceases...........
