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Tag: Contract

Limitation Act, 1963 S. 17 – Suit for recovery of earnest money – Limitation for recovering earnest money starts from contract non-performance or fraud discovery, not payment. Plaintiff proved fraud as the defendant had already sold the shops in question. PLRonline #2419302

limitation would start from the date of refusal of the execution of the agreement; as defined under the agreement; or ...

Insurance – Mediclaim policy – Pre existing disease – Non-disclosure – Burden of proof – Prescription – Mere mentioning in the prescription would not amount to establishing a concealment – Senior Citizens policy – Pre-medical check-up – Having opted to waive of was thus conscious – Insurer liable. [PLRonline # 446681]

No document produced by Insurance company to prove that claimant was suffering from any heart disease for last several years ...

CPC O. 7 R. 11 – Power is limited to rejection of the plaint as a whole or not at all – It is impermissible to reject the plaint only against one of the defendants – Sarfaesi. [PLRonline #348208]

Full Judgment with detailed headnotes access for Premium Subscribers only (Click to subscribe ) 2019 SCeJ 837, (2019-3)195 P.L.R. 230 ...

Banking – Forged DD – Liability of person presenting the same – Plaintiff Bank has passed the Demand Daft being received by way of collection by another bank – U/s 72 of the Contract Act, person receiving proceeds from forged draft liable to refund the money to the bank . [ID 317402]

2011 PLRonline 0206 (SC) Madras High Court Before: Justice R. Mala Titan Industries Ltd. v. State Bank of India, Appeal ...

CPC Order 1 Rule 10 – Strangers to a contract – Two tests – Specific Relief Act, 1963, Section 19 (a) to (e). SupremeCourtOnline [ID 219800 (SC)]

CPC Order 1 Rule 10 - Strangers to a contract Strangers to a contract who make independent and adverse claims ...

Contract Act – Liability of a party under an agreement prescribing purchase of a certain quantity of goods and failure thereof shall be limited / calculated based on the original price of the product, the price at which it was sold to the subsequent purchaser, and the costs involved in the additional process.(2023-2)210 PLRIJ 017

Chairman, Coal India Limited v. Star Cement Limited. (2023-2)210 PLRIJ 017 Synopsis : Contract Act, 1872, if a party agrees ...

Motor Vehicles Act, S. 173 – Pay and Recover – Insurance Company exonerated – Appeal by claimants for making insurance company liable – This Section empowers that any person can file Appeal so there is no need to consider who is aggrieved person – Appellants being Claimants have right to file Appeal – Though owner of offending truck has not challenged the impugned order, it cannot be said that the Claimants can’t challenge it – Order in appeal changed to Pay and Recover.

HIGH COURT BOMBAY Before : Justice Shivkumar Dige. Shubhash Waman Baviskar v. Adinath Hambirrao Budhwant First Appeal No.410 Of 2016 ...

Criminal Trial – Circumstantial evidence – Chain of evidence must be so complete as to not leave any reasonable grounds for a conclusion consistent with the innocence of the accused; the accused ‘must be’ and not merely ‘may be’ guilty, before the Court can convict. [2023 SCeJ 0226 = 2023 PLRonline 437602 (SC)]

Dakkata Balaram Reddy v. State of Andhra Pradesh., 2023 SCeJ 0226 = 2023 PLRonline 437602 (SC) Supreme Court of India ...

Specific Relief Act S. 13 – This right of the plaintiff is secured by Section 13 of the Act which entitles the plaintiff to ask the vendor to clear his title; if he does not have the requisite title; to pass on to the vendee. [PLRonline 311090]

LogIn to download judgment and Full headnote / PLRonline 311090 Lokesh v. Rameshwar Tyagi , 2017 PLRonline 9000 Punjab and ...

Postal receipt not containing the address of the addressee – Not a valid service – Specific Relief Act, S. 14 , 27, 31 – Unilateral cancellation of an agreement to sell by one party is not allowed, except in certain cases. [PLRonline 417002]

LogIn to download judgment and Full headnote / PLRonline 417002 Brahm Dutt v. Sarabjit Singh, 2017 PLRonline 0206 The production ...

Agreement to Sell – Signed only by the vendor and not purchaser – Valid. [SupremeCourtOnline 211102]

Suit for specific performance – Conduct of the appellants shows their real intentions, as immediately after the stipulated date i.e 30.4.2009, they issued notice on 1.5.2009 , terminating the agreement to sell in question without giving an opportunity to him to perform his part of the contract by extending time . [2014 PLRonline 0207]

The suit for specific performance involves the termination of an agreement to sell without giving the other party an opportunity ...

Satish Chander Ahuja v. Sneha Ahuja, 2021 PLRonline 9094 (SC)

SUPREME COURT OF INDIA (Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ.) SATISH CHANDER AHUJA - Appellant v. SNEHA ...

Workmen’s Compensation Act, 1923, S. 3(5) – Remedies open to an injured workman or the Legal Representatives of a deceased workman under the Workmen’s Compensation Act, 1923 or before a Civil Court are in the alternative. [PLRonline 213901]

2006 PLRonline 0102 Delhi High Court Bench: T Thakur, S Bhayana United Technical Consultants Pvt. Ltd. v. Smt. Shanti Devi ...

Statutory Contract

If entering into a contract containing the prescribed terms and conditions is a must under the statute then the contract ...

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Tag: Contract

Limitation Act, 1963 S. 17 – Suit for recovery of earnest money – Limitation for recovering earnest money starts from contract non-performance or fraud discovery, not payment. Plaintiff proved fraud as the defendant had already sold the shops in question. PLRonline #2419302

CPC O. 7 R. 11 – Power is limited to rejection of the plaint as a whole or not at all – It is impermissible to reject the plaint only against one of the defendants – Sarfaesi. [PLRonline #348208]

Banking – Forged DD – Liability of person presenting the same – Plaintiff Bank has passed the Demand Daft being received by way of collection by another bank – U/s 72 of the Contract Act, person receiving proceeds from forged draft liable to refund the money to the bank . [ID 317402]

CPC Order 1 Rule 10 – Strangers to a contract – Two tests – Specific Relief Act, 1963, Section 19 (a) to (e). SupremeCourtOnline [ID 219800 (SC)]

Specific Relief Act S. 13 – This right of the plaintiff is secured by Section 13 of the Act which entitles the plaintiff to ask the vendor to clear his title; if he does not have the requisite title; to pass on to the vendee. [PLRonline 311090]

Postal receipt not containing the address of the addressee – Not a valid service – Specific Relief Act, S. 14 , 27, 31 – Unilateral cancellation of an agreement to sell by one party is not allowed, except in certain cases. [PLRonline 417002]

Agreement to Sell – Signed only by the vendor and not purchaser – Valid. [SupremeCourtOnline 211102]

Satish Chander Ahuja v. Sneha Ahuja, 2021 PLRonline 9094 (SC)

Workmen’s Compensation Act, 1923, S. 3(5) – Remedies open to an injured workman or the Legal Representatives of a deceased workman under the Workmen’s Compensation Act, 1923 or before a Civil Court are in the alternative. [PLRonline 213901]

Statutory Contract

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