Agreement to sell -- Specific performance - Mere escalation of land prices after date of filing of suit cannot be sole ground to deny specific performance...........
Agreement to sell -- Specific performance - Delay and laches - Mere delay by itself, without more, cannot be sole factor to deny specific performance...........
Agreement to sell -- Specific performance - Delay and laches - Suit for specific performance filed within limitation cannot be dismissed on sole ground of delay or laches - However, an exception to this rule is where immovable property is to be sold within a certain period, time being of essence and it is found that owing to some default on part of plaintiff, sale could..........
Agreement to sell -- Specific performance - Delay and laches - Once suit for specific performance is filed, any delay as a result of Court process cannot be put against plaintiff as a matter of law in decreeing specific performance - However, it is within discretion of Court, regard being had to facts of each case, as to whether some additional amount ought or ought not..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - Hire purchase agreement - Default in payment of installments - Repossession of vehicle by Financier - Financier repossessed the vehicle in accordance with terms and conditions of agreement and refused to release the same on mere assurance of complainant to clear outstanding arrears of hire..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - Hire purchase agreement - Default in payment of installments - Repossession of vehicle by Financier without notice to complainant - If hirer/complainant commits breach of conditions of a hire purchase agreement which expressly provides for immediate repossession of vehicle without further notice to..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - Hire purchase agreement - Default in payment of installments - Repossession of vehicle by Financier without notice to hirer/complainant - Where requirement to serve notice before repossession is implicit in hire purchase agreement, non service of proper notice would tantamount to deficiency of..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - Hire purchase agreement - Default in payment of installments - Non-production of agreement by financier - Adverse inference - No adverse inference could have been drawn against Financier for not producing Hire purchase agreement before District Forum, particularly when there was no allegation in..........
Hire purchase agreement -- Default in payment of installments - Repossession of a vehicle by Financier does not amount to theft, as Financier continues to remain owner of a vehicle covered by hire purchase agreement till all hire installments are paid...........
Agreement to sell -- Specific performance - Part performance - Court ordinarily enforces a contract in its entirety by passing a decree for its specific performance - However, S.12 of the Act carves out exceptions where Court might direct specific performance of a contract in part. (Specific Relief Act, 1963, S.12)...........
