Agreement to sell -- Specific performance - Plaintiff keen on getting sale deed executed in his favour on payment of even increase in price - Held, this is an additional fact that weighs with the Court in not denying the decree of specific performance...........
Agreement to sell -- Specific performance - Relief of specific performance cannot be denied merely on the ground of hardship or on account of increase in price which prevailed at the time of entering into agreement to sell and the prevalent market price...........
Land Acquisition Act, 1894, Section 51A, 54 -- Land acquisition - Market value - Determination - Sale deeds - Certified copies of sale deeds can be relied upon without examining the vendor and vendee - However, Court cannot rely them, if there is other acceptable evidence throwing a doubt about correctness of sale price shown therein...........
Land Acquisition Act, 1894, Section 4, 6, 18 -- Land acquisition - Compensation - For the purpose of determination of price of acquired land, the Courts would be well advised to consider the positive and negative facts...........
Insurance claim -- Compensation - Interest - Complainant alleged loss of stocks of Sarees in fire to the tune of Rs. 67 lacs - Joint inspection report of Surveyor, investigator and the complainant finding loss of 1800 sarees instead of 3000 sarees as claimed by the complainant - Average price of Rs. 900 each sarees also agreed - Insurance company making payment of loss of..........
Machinery Insurance Policy -- Insurance claim - Under insurance - Deduction pro rata - Diesel Generating Set - Breaking down of the set on which Rs. 25,000,00 spent for repairs - Purchase price of the set was 45 lakh and odd and insurance policy was for 35,000,00 - Loss assessed at 14,45,000 - Surveyor applied the pro rata formula and deducted 25.71% from the loss so..........
Stamp Act, 1899, Section 47A, Sick Industrial Companies (Special Provisions) Act, 1985, Section 32 -- Public Limited Company - Declared sick - Property was offered for sale in the open market and bids were invited - That being so, there is no question of any intention to defraud the revenue or non disclosure of the correct price - Revenue Officer cannot assess the market..........
Consumer Protection Act, 1986, Section 2(f) , 14(1)(d) -- Car - Manufacturing defect Compensation - First car met with an accident which was used nearly for two years - A transit accident repaired car taken by respondent complainant after paying some more amount in exchange of the first car - Report about the second car developing corrosion after a period of about 20..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Restraining defendant from dealing with his property - While granting injunction condition can be imposed on plaintiff that in case he fails in his suit he will pay to defendant the difference between the agreed price and present market value of the property...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Value of land - Land owners relied on certain sale deeds showing better price - Land owners has not referred to any site plan on record to show exact location of the acquired land and land dealt with in the sale deeds relied upon - Sale deeds of no aid in determining compensation...........
