Rent and Eviction -- Eviction petition - Necessary parties - Law as to : (i) Landlord and tenant are the only necessary parties; (ii) To get eviction order landlord is required to plead and prove two things namely (a) there exists relationship of landlord and tenant (b) existence of grounds on which eviction is sought; (iii) question of title is not germane to the decision..........
Agreement to sell -- Specific performance - Owner of property a private limited company - Agreement to sell by one of the Directors of company - As per articles of association of company, to sell property of company, a decision of Board of Directors was required which is absent in the instant case - Held, it may not be proper to direct specific performance of such an..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Agreement to sell - Earnest paid Rs.Six lakhs - Plaintiff having reasons to doubt as to defendant being exclusive owner of the property - Plaintiff called upon defendant to share chain of documents conferring title on him to which there was no response - Suit for recovery of earnest money..........
Motor Vehicles Act, 1988, Section 147 -- Accident - liability of insurer - Merely producing a valid insurance certificate in respect of offending vehicle not enough for owner of offending vehicle to make insurance Company liable to discharge his liability arising from rash and negligent driving by driver of his vehicle - Insurance Company can be fastened with liability on..........
Motor Vehicles Act, 1988, Section 147 -- Accident - Liability of insurer - Owner of offending vehicle produced insurance certificate indicating that vehicle was comprehensively insured by Insurance Company for unlimited liability - Insurer shall pay claim amount as awarded by Tribunal to claimants in first instance with liberty to recover same from owner of offending..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Collusion between two trucks - Death of driver of one truck - Name of driver of offending vehicle not mentioned in claim petition - Vague plea in written statement raised by owner of offending vehicle that vehicle being driven by a person having valid driving licence - However, owner of offending vehicle did not produce..........
Partition -- Partition can be entered into between parties who are joint owners of property - In case, father wants to give property to his sons, of which he is absolute owner, it can be done by Will or by means of gift deed or donation - High Court rightly observed that partition deed is to be construed either as gift deed or family settlement - Petition dismissed...........
Forest Act, 1927, Section 52 -- Confiscation of vehicle - Plea of petitioner that he was not aware that his vehicle was being used by his driver for the purpose of commission of forest offence - Not tenable as owner ought to have satisfied concerned officer that all due care was taken by him for custody of said vehicle...........
Agreement to sell -- Specific performance - Agreement to sell becoming incapable of performance due to acquisition of that property by Government - Entire sale consideration of Rs.90,000 was received by vendor and possession was delivered - Plaintiff constructed three shops on the suit land - Held, plaintiff is entitled to compensation of Rs.10 lakhs received consequent to..........
Specific Relief Act, 1963, Section 34, 38, 39 -- Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - U, registered gift deed - Defendant relied upon a Will executed by plaintiff after deed of gift - Transaction of gift having concluded before execution of Will, is inconsistent to Will relied upon by defendant -..........
