Roger Shashoua & Others vs Mukesh Sharma & Others on 1 September, 2025
Author: Prathiba
contract of insurance, the law of insurance
recognises as an equitable corollary of the principle of indemnity
that the rights and remedies of the assured ... wrongdoer
stand transferred to and vested in the insurer.
16. The equitable assignment of the rights and remedies of the
assured in favour
proposals without
assigning any reason whatsoever. It observed that highest bidder was not
vested with any equitable right to have an auction concluded
explicit terms,
allows termination by either party, whether with or without assigning
reasons, is considered to be determinable. The Court held that such a
determinable ... monetary compensation, typically confined to the contractual notice
period, and not the equitable relief of specific performance or
injunction.
36. Relying upon the decisions
writ/ order/ direction prohibiting the
Respondent and or/its servants, agents, assigns and officers
and/or anyone claiming through or under them from giving ... manner whatsoever.
Pass such other orders as may be deemed fair and equitable
in the facts of the case and in the interests of justice
specific performance, relied upon by the plaintiff is relevant. In the
Assignment Agreement parties have consciously agreed at Article18 that the
aggrieved party will ... special damages, to the remedies of injunction,
specific performance and other equitable relief for any threatened
Signature Not Verified
Digitally Signed
By:MAMTA RANI
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Author: Yashwant Varma
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Author: Yashwant Varma
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Author