Consumer Protection Act, 1986, Section 23 -- Insurance claim - Disclosure of previous insurance policy but without disclosing claims lodged under the previous policy and settlement of that claim in the preceding three years in defiance of a specific clause in the proposal form regarding claims lodged in the preceding three years - Suppression of this fact goes to the very..........
Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972, Section 3 - - Recovery citation - Government contract - Issuance of recovery citation contrary to arbitration clause of agreement which was not invoked - Recovery proceedings, without there being recourse or decision by arbitrator - Held, not tenable...........
Indian Contract Act, 1872, Section 28, Copyright Act, 1957, Section 62 -- Agreement conferring exclusive jurisdiction - Not in violation of S.28 of Contract Act and S.62 of Copyright Act, particularly when such an agreement is clear and unambiguous and intention of parties to submit one Court having jurisdiction to adjudicate the subject matter while excluding jurisdiction..........
Registration Act, 1908, Section 17 -- Registration - Letter of confirmation deed confirming equitable mortgage - It is a letter of recording of concluded contract, evidencing past transaction, which does not require registration - Letter of confirmation deed and document of deposit of title deeds does not require registration...........
Agreement to sell -- Specific performance - Absence of stipulation of enforcement of agreement through Court of Law - Enforcement of agreement through Court is not dependent on contract between the parties providing for a stipulation that in case one of the party does not perform or honour the agreement to sell, agreement can be specifically performed through Court of law..........
Agreement to sell -- Suit for specific performance - Limitation - Date not fixed for performance of contract - Limitation begins to run from the date plaintiff has notice of refusal by defendant - No finding of Court that performance was refused - Suit not barred by limitation. (Limitation Act, 1963, Art.54)...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Cheque issued under and in pursuance of agreement to sell - An agreement to sell does not create any interest in immoveable property, it nonetheless constitutes a legally enforceable contract between the parties to it - Payment made in pursuance of such an agreement is a..........
Tender -- Terms of an invitation of tender are not open to judicial scrutiny, as they are in realm of contract, unless they are arbitrary, discriminatory or actuated by malice...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Where State behaves arbitrarily, even in realm of contract, High Court can interfere u/art. 226 of Constitution...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Application for appointment of arbitrator - Maintainability of application - Dispute regarding no, payment for construction work completed by contractor as agreed under contract - Only remedy available for contractor is to seek arbitration as per arbitration clause under the contract hence, application for..........
