Motor Vehicles Act, 1988, Section 149, 10, 166 -- Accident - Compensation - Licence to drive HMV (Heavy Motor Vehicle) - Not a valid licence to drive a scooter - Under the Motor Vehicles Act holding of a valid driving licence is one of the conditions of contract of insurance - Driving of a vehicle without a valid licence is an offence - Held, Insurance company though not..........
Contract Act, 1872, Section 2(e), 10 -- 'Implied term of a contract' - Meaning - A term whether implied or not usually depends upon intention of the parties as collected from the words of the agreement and the surrounding circumstances...........
Specific Relief Act, 1963, Section 9, 10 -- Agreement to sell - Restriction on transfer - Effect on validity of agreement and decree for specific performance of the contract - D.D.A. released big plot in favour of Cooperatives house building society - Society granted sub-lease on favour of its members - One of the member (vendor) entered into agreement to sell his plot -..........
Industrial Disputes Act, 1947, Section 10 -- Reference - Declined to be made by appropriate Government - Appellant-management does not deny that the respondents were engaged through contractors at a time when the Notification dated 9.12.1976 was in force - Their contention is that the respondents were engaged as Supervisor and not as workman - The question whether the..........
Specific Relief Act, 1963, Section 10, 19, 20 -- Suit for specific performance - Agreement to sell - Consent decree suffered by vendor in favour of her daugher-in-law within 15 days of execution of agreement - Execution of agreement and receipt of earnest amount not denied - Vendee always ready and willing to perform his part of contract - Trial Court directed execution of..........
Specific Relief Act, 1963, Section 10, 16 -- Agreement to sell - Suit for specific performance - Necessary ingredients to be proved, (i) validly executed agreement to sell, (ii) person coming to court should always be ready and willing to perform his part of contract, (iii) Readyness and willingness has to be in spirit and substance, (iv) Willingness has to be through out...........
Hire Purchase Act, 1972, Section 3, 4, Contract Act, 1872, Section 10, 23 -- Hire Purchase Agreement - Financed vehicles - Financier has right to take possession of financed vehicles - No legal bar in taking possession - Hirer can avail statutory remedies as may be available...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- West Bengal Premises Tenancy Act, 1965, Sections 2(d) and 13(1)(a) - Hindu Adoption and Maintenance Act, 1956, Sections 3(b), 18 and 23 - Hindu Marriage Act, 1955, Section 25 - Eviction proceedings - Necessary party - Divorced wife - Impleadment as a party - The recorded sole tenant husband contesting tha suit - There is..........
Transfer of Property Act, 1882, Section 58(c), Limitation Act, 1963, Article 54, Specific Relief Act, 1963, Section 10 -- Sale with condition of repurchase - Suit for specific performance by vendor for reconveyance of property - Sale of property for Rs.3, 000 with condition that vendee to reconvey property to vendor if latter repays Rs.5, 000 to vendee within five years..........
Specific Relief Act, 1963, Section 10 -- Specific performance - Defendant-respondents 3 and 4 bona fide purchasers vide sale deed dated 22.3.1990 and since then in possession of property in dispute - Suit for specific performance by plaintiff-appellant filed on 5.6.1993 basing on agreement in his favour dated 15.2.1990 - Proved on record that respondents 3 and 4 made..........
