Insurance claim -- Complainant's motor cycle met with an accident with a lorry - Claim for injuries etc. settled by the respondent company under third party risk but refused to bear the expenses of damages to the motor cycle which was insured with another insurance company - Held that there was no privity of contract between the respondent insurance company and the..........
Consumer Protection Act, 1986, Section 2(1),(O),17(a) -- Haryana Urban Development Authority Act, Section 38 - Deficiency in service - Complainant applied for change of use of land to Town and Country Planning Department, Haryana who granted the necessary permission - Plea of the complainant that HUDA did not develop the land and prayer to fasten liability in view of..........
Agreement to sell -- Suit for recovery of money - Plaintiff paid Rs.One lakh to lst defendant allegedly pursuant to sale agreement - Agreement to sell entered into with second defendant to whom lst defendant had given authority - Sale agreement fell through - Authority given to 2nd defendant denied - Receipt of money not denied by lst defendant but refusal to return money..........
Civil Procedure Code, 1908, Order 21, Rule 97, Transfer of Property Act, 1882, Section 105, 107 -- Lease - Decree of eviction of lessee of plot of land - Execution - Lessee had erected structures on suit land and inducted licensees or sub-lessees - Execution of decree obstructed by licensees/sub-lessee - No privity of contract between lessors and sub-lessees - Law..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Performance of negative covenant in agreement - Temporary injunction sought restraining defendants from conducting business activities similar to those of plaintiff as stated in agreement between parties and for recovery of amount advanced to them as loan - Relief thus sought for pertaining to performance of negative..........
Constitution of India, 1950, Article 226 -- Enhancement of external development charges - Challenge by purchaser from licensee/colonizer - Purchaser cannot question levy of enhanced external development charges by Authorities - Agreement to sell and sale deed executed between purchaser and licensee/colonizer do not have their source in provisions of the Act and Rules - No..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Eviction petition - Compromise - Eviction decree passed - Tenant taking some persons as partners - Partnership firm claiming itself to be tenant - Held, there is no privity of contract between the firm and the landlord - Application U.O.39 Rr.1, 2 seeking stay of execution of eviction decree rejected...........
Bank loan -- Advanced to partnership firm - Documents signed by all partners on behalf of firm - All of them are liable to repay the loan - One Principal debtor admitting and acknowledging that he alone is liable to repay the loan - Does not bind the Bank, as the privity of contract exists between the Bank and all the principal borrowers...........
Insurance claim -- Repudiation - Plea that there is no privity of contract between the Petitioner and the Respondent as the vehicle has not been insured by the petitioner - Not disputed that the cover note given to the Respondent had been duly signed by the Development Officer - Except for lodging the complaint with the police Station, Petitioner did not produce any..........
