Court : Patna
Decided on : Jan-03-2006
..... 20. in order to appreciate the argument of the learned advocate of the appellants, i would like to refer section 10 and section 14 of the specific relief act, 1963. section 10 of the act reads as follows :-section 10-cases in which specific performance of contract enforceable.-except as otherwise provided in this chapter, the specific performance ..... obtainable in the market;(b) where the property is held by the defendant as the agent or trustee of the plaintiff.21. section 14 of the specific relief act reads as follows :-section 14-contracts not specifically enforceable.-(1) the following contracts cannot be specifically enforced, namely ;-(a) a contract for the non-performance ..... suffered by the plaintiff was ascertainable for which the plaintiff was entitled to bring suit for compensation and as such, under the provisions of section 14(1)(a) of the act the suit for specific performance of such type of contract is barred. in support of his argument, the learned advocate of the appellants .....
Tag this Judgment!Court : Patna
Decided on : Jan-03-2006
..... any higher liability by accepting a higher premium for payment of compensation to a third party the insurer would be liable to the extent limited under section 95(2) of the act and not be liable to pay the entire amount. a comprehensive policy issued on the basis of the estimated value of the vehicle does not automatically ..... p. 654, para 5 of air):thus, a careful reading of these decisions clearly shows that the liability of the insurer is limited, as indicated in section 95 of the act, but it is open to the insured to make payment of additional higher premium and get higher risk covered in respect of third party also. but in ..... . that there was no agreement between the insurance company and the owner of the vehicle to pay higher compensation than the statutory amount mentioned in section 95(2) of the motor vehicles act, 1939. in absence of any such contract between the insurer and the insured accepting unlimited liability upon payment of additional premium, no unlimited liability .....
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