Insurance claim -- Repudiation - Proposal form submitted on 15.10.2001 but proposer died on 13.11.2001 - In between LIC sought relevant information and the contract of insurance was not finalised - The Insurance Company held rightly repudiated the claim...........
Insurance claim -- Life insurance - Repudiation - The contract of insurance was not finalised and the policy was not issued before the death of the insured - Petitioner LIC held rightly repudiated the claim...........
Agreement to sell -- Agreement to sell tenancy rights - Suit for specific performance - During pendency of suit there was an amendment in law by which tenancy rights could not be transferred - By reason of operation of law the contract thus became void - Plaintiff held, entitled only to the refund of the consideration together with interest and cost of the suit. (Contract..........
Right to Information Act, 2005, Section 6, 8(1)(d), 11 -- Tender by Govt. - Experience certificate issued by one company in favour of successful bidder was challenged - Every person who was not a tenderer nor participated in bid has right to get information about the documents filed by various bidders - Once tenders are invited by public authority and on the basis of..........
Specific Relief Act, 1963, Section 20 -- Waiver of right to seek relief of specific performance - Agreement to sell - Suit for specific performance decreed - In second appeal observation made in an interim order that vendor can refund earnest money and vendee can withdraw balance sale consideration deposited in the lower Court - Vendee accepted observations and received..........
Insurance contract -- When proposal form is submitted with a specific statement and that too when an insurance cover is given on that basis by the Insurance Company, that is binding - It cannot be tampered by the printed words which are there in the normal/usual policy...........
Hire Purchase Agreement -- Default in repayment of loan - Financier has no right of seizure/repossession of vehicle notwithstanding stipulations to that effect in the agreement/contract between the parties...........
Specific Relief Act, 1963, Section 26 -- Contract - Rectification - An instrument or contract may be rectified when through fraud or a mutual mistake of the parties, a contract or other instrument in writing does not express their real intention - However, in absence of a foundation in the pleadings laid for grant of the relief of rectification, the mere adding of a prayer..........
Specific Relief Act, 1963, Section 30 -- Contract - Having insisted on performance of the contract and having exercised their rights under it, the plaintiffs are not entitled to repudiate their obligations under the contract...........
Specific Relief Act, 1963, Section 20 -- Agreement to sell house - Suit for specific performance - Agreement and payment of earnest money proved - Plea that possession cannot be delivered as defendant and his family residing in the house - Plea of hardship neither raised in written statement nor proved by the vendor - Trial Court ordered refund of earnest money - First..........
