Fraud includes two elements – deceit – and injury to person decieved – in absence of latter no fraud

Facts : Dr. Vimla purchased a car in the name of her minor daughter Nalini aged about 6 months. The price of tile car was paid by her. The transfer of the car was notified in the name of Nalini to the Motor Registration Authority. The insurance policy already issued was transferred in the name … Continue reading Fraud includes two elements – deceit – and injury to person decieved – in absence of latter no fraud

Limitation period for breach of contract.

Supreme Court of IndiaBhajan Singh Hardit Singh And Co., ... vs Karson Agency (India) And Ors. on 31 March, 1967Author: TatachariBench: K Hegde, H Khanna, T TatachariJUDGMENTTatachari, J.(1) This letters patent appeal under Clause 10 of the Letters Patent of the High Court of Punjab originally came up for hearing before a Division Bench of … Continue reading Limitation period for breach of contract.

Contract–Money deposited as earnest money–Breach committed by buyer-Right of seller to forfeit-Principles. Contract Act (9 of 1872), ss. 64 and 74-Scope of.

Supreme Court of IndiaShree Hanuman Cotton Mills & Ors vs Tata Air-Craft Ltd on 28 October, 1969Equivalent citations: 1970 AIR 1986, 1970 SCR (3) 127Bench: Vaidyialingam, C.A.PETITIONER:SHREE HANUMAN COTTON MILLS & ORS.Vs.RESPONDENT:TATA AIR-CRAFT LTD.DATE OF JUDGMENT:28/10/1969BENCH:VAIDYIALINGAM, C.A.BENCH:VAIDYIALINGAM, C.A.SHELAT, J.M.DUA, I.D.CITATION:1970 AIR 1986 1970 SCR (3) 1271969 SCC (3) 522ACT:Contract--Money deposited as earnest money--Breach committed by … Continue reading Contract–Money deposited as earnest money–Breach committed by buyer-Right of seller to forfeit-Principles. Contract Act (9 of 1872), ss. 64 and 74-Scope of.

Whether possession can be protected via theory of part performance even after time limit for specific performance has expired ? HELD YES

The preposition before Court is suppose A gets property from B under an agreement to sell, A has got possession and is ready to fulfil his obligations to fulfill the transaction, but B is not similarly enthusiastic about it. The agreement to sell is not registered - in such a situation A by virtue of … Continue reading Whether possession can be protected via theory of part performance even after time limit for specific performance has expired ? HELD YES

Is criminal judgment binding on a civil case ?

Comment : We, therefore, are of the opinion that the judgment in a criminal case was not relevant in evidence for the purpose of proving a person's civil liability and the other way round.  Supreme Court of IndiaSeth Ramdayal Jat vs Laxmi Prasad on 15 April, 2009Author: S.B. SinhaBench: S.B. Sinha, Mukundakam SharmaIN THE SUPREME COURT OF … Continue reading Is criminal judgment binding on a civil case ?

Supreme Court on the Basics of Law of Partition

Comment : In this case the court was faced with a query "whether there is a period of limitation for filing an application for passing of final decree (metes and bounds partition) after prelininary decree declaring their shares is passed ? Court held  N O - as suit is still on hold and is not disposed … Continue reading Supreme Court on the Basics of Law of Partition

Specific Performance of an Agreement executed by Vendor alone

Supreme Court of India Alka Bose vs Parmatma Devi & Ors. on 17 December, 2008 Author: P Sathasivam Bench: R.V. Raveendran, P. Sathasivam SUPREME COURT OF INDIA RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 6197 OF 2000 ALKA BOSE Appellant (s) VERSUS PARMATMA DEVI & ORS. Respondent(s) Date: 17/12/2008 This Appeal was called on for judgment … Continue reading Specific Performance of an Agreement executed by Vendor alone

Declaration as to illegal termination

Comment : In this case the court held that a declaration that a termination of a professor was illegal and he remained in service, was tantamount to ordering specific performance of a contract based on personal volition/qualification.  Supreme Court of India Dr. S. B. Dutt vs University Of Delhi on 3 September, 1958 Equivalent citations: 1958 … Continue reading Declaration as to illegal termination