Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Managerial skills - Computation of any managerial skills should lie between 10 to 15% of total rental income, but acceptable range can be increased in light of specific circumstances...........
Agreement to sell -- Specific performance - Non joinder of necessary parties - Plaintiff himself admitted that suit property was jointly owned by defendant, his wife and three sons - Specific objection was also taken by defendant in his written statement with regard to non-joinder of necessary parties - No effective decree therefore, could have been passed in their..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit filed on the basis of unregistered agreement to sell without filing suit for substantive relief of specific performance - Plaintiff cannot get the relief even for permanent injunction on the basis of such an unregistered document/agreement to sell, more particularly when defendant specifically filed..........
Specific Relief Act, 1963, Section 54, 58 -- Sale of mortgaged property - Mortgaged property is transferable unequivocally, subject to the rights of the mortgagee...........
Specific Relief Act, 1963, Section 28 -- Agreement to sell of property under mortgage - Plaintiff even knowing this fact filed suit for specific performance - It was not his case that he will get the sale deed executed only after redemption of mortgage - Court while passing conditional decree granted 3 months time to deposit the balance sale consideration - Decree holder..........
Agreement to sell -- Specific performance - Plaintiff in possession prior to execution of agreement to sell - Possession not delivered through agreement to sell - Order directing plaintiff to pay deficient stamp duty with penalty as per provision of Schedule 1-A, Entry No.23, 5(cc), Column No.2, Sub column 2 (As amended by State of Punjab) set aside...........
Agreement to sell -- Specific performance - Direction to defendant to deposit amount received by him towards part of sale consideration to the credit of suit - Order passed without considering version of defendant - Order passed simply extracting apprehension of plaintiff - Order does not indicate application of mind by Court - Impugned order set aside - Matter remitted..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction simplicitor - Without seeking relief of declaration regarding title/ownership would not be maintainable, if dispute of title/ownership is in issue...........
Agreement to sell -- Specific performance - Defendants have not disputed their signatures on agreement in question, though they pleaded that same was obtained by plaintiffs by exercising pressure/misrepresentation - However, no evidence adduced in this regard by defendants - Plaintiffs have adduced sufficient documentary material to establish valid execution of agreement..........
Agreement to sell -- Specific performance - Relief of specific performance cannot be granted against a person compelling him to enter into an agreement with a third party and seek specific relief against such a third party...........
