Agreement to sell -- Specific performance - Ready and willing - Pleading as to - Basic principle is that any person seeking benefit of the specific performance of contract must manifest that his conduct has been blemishless throughout entitling him to the specific relief - Court is to grant relief on the basis of conduct of the person seeking relief - If the pleadings..........
Specific Relief Act, 1963, Section 21, 22 -- Reliefs that can be granted under Ss.21 & 22 of the Act are different in nature - Power to award 'compensation' u/s 21 and the power to grant 'any other relief to which the plaintiff may be entitled' u/s 22 of the Act are independent and they operate in a different sphere - Under S.21 of the Act Court can award compensation in a..........
Motor Vehicles Act, 1988, Section 149(1) -- Liability of insurer - Goods carriage - Three wheeler - The claimant/respondent a 'collie worker' sitting by the side of driver when accident took place - The claimant had not been travelling in the vehicle as owner of the goods - He shall not be covered by the policy of the insurance - In a three wheeler goods carriage, the..........
Contract of insurance -- Insurance claim - Repudiation - Proposer died before the acceptance of proposal - There was no concluded contract of insurance - Repudiation of claim by respondent - Insurer upheld...........
Consumer Protection Act, 1986, Section 2(1)(g) -- India Motor Tariff Regulation, GR 34 - Insurance claim - Insurance claim - Insurable interest - Theft of insured vehicle - Contention of the petitioner - OP that the vehicle sold by respondent and he has no insurable interest and the purchaser has also no insurable interest and privity of contract with petitioner repelled -..........
Specific Relief Act, 1963, Section 20 -- Specific performance - Absence of subsisting agreement - Held, that plaintiff can seek specific performance only when an agreement is subsisting - Plaintiff cannot maintain a suit for specific performance after the contract is determined...........
Agreement to sell -- Specific performance - Ready and willing - It must be alleged and proved - Plaintiff should be ready and willing to perform the essential part of the contract from the institution of the suit till it is culminated into decree of Court. (Specific Relief Act, 1963, S.16(c)...........
Agreement to sell -- Specific performance - Relief of specific performance cannot be granted if it would give unfair advantage to the plaintiff and where performance of the contract would involve some hardship on the defendant, which he did not foresee - Discretion of Court is not exercised to grant specific performance if the contract is not equal and fair, although the..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Policy - Renewal of - Insurance claim - Repudiation - Compensation - At the time of issuance of renewed policy mistake committed by officer of the Insurance Company in not bifurcating the godown at Bedeshwar and by not mentioning two godowns - Insurer cannot take advantage of its own wrong and the contract remains..........
Agreement to sell -- Specific performance - Decree of - If execution of agreement to sell is duly proved and plaintiff is ready and willing to perform his part of contract, then decree of specific performance should be granted...........
