Indian Penal Code, 1860, Section 392 -- Hire purchase agreement - Breach of terms - Forcible possession - If agreement permits the financier to take possession of the financed vehicle, then there is no legal impediment on such possession being taken - No offence made out...........
Criminal Procedure Code, 1973, Section 451, Indian Penal Code, 1860, Section 420, 467, 471 -- Hire purchase agreement - Non payment of instalments - Car seized - Release of case on superdari - Held, pending adjudication of the rival claims with regard to title of vehicle in question, superdari be given to one who is mentioned in the certificate of registration as the..........
Agreement to sell -- Oral - Oral agreement for sale is permissible in law...........
Agreement to sell -- Company - Once a deed is executed on behalf of the company, it is company and not the persons signing can sue or be sued on the contract if the evidence is clear that the signature was only that of the company...........
Agreement to sell -- Company - Seal of company - Even in absence of a seal, the Company may still be held to be liable having regard to the nature of transaction and the authority of those who had executed it - If the act of the Directors is not ultra vires or no public policy is involved, the parties acting thereupon cannot be left at large...........
Agreement to sell -- Company - Resolution - Execution of agreement not denied - Even in the absence of resolution contract cannot be held to be invalid or illegal...........
Agreement to sell -- Suit for specific performance - Extension of period of performance - Written document not necessarily required - It can be implied also - Conduct of parties in this behalf is relevant...........
Agreement to sell -- Suit for specific performance - Limitation - Begins to run from the date on which the contract was to be specifically performed - Performance of a contract when depends upon certain statutory formality then sale deed cannot be registered till the said requirement is complied with - In a given situation, the vendor may not be permitted to take advantage..........
Limitation Act, 1963, Article 54 -- Suit for specific performance - Limitation - Suit is governed by Art. 54 of Limitation Act - As regards applicability of first or second part of the provision Court has to see whether any time was fixed for performance of the agreement of sale and if it was so fixed, whether the suit was filed beyond the prescribed period unless any case..........
Specific Relief Act, 1963, Section 9 -- Agreement to sell - Suit for specific performance - Limitation - Scope of - Whether suit bared by limitation or not would not only depend upon nature of agreement but also the conduct of the parties and how they understood the terms and conditions of agreement - It is to be seen whether any time is fixed for performance of agreement..........
