SUPREME COURT OF INDIA
Year of decision: 2013
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Appointment of arbitrator - For the purpose of setting into motion the arbitral procedure the Chief Justice or his designate is required to decide the issues, namely, (i) territorial jurisdiction, (ii) existence of an arbitration agreement between the parties, (iii) existence or otherwise of a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific Performance - There was no definite evidence regarding consideration - Held, relief of specific performance being discretionary could not have been granted in favour of plaintiff - No error in appellate Court in not granting decree in favour of plaintiff - However, refund of Rs.30,000/-..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 53A-- Protection u/s 53-A of Act - Where entire sale consideration was paid and possession of property delivered under an agreement of sale, transferee can enforce his defence u/s 53-A of Act against his transferors or any other person claiming under them...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 38-- Perpetual injunction - Without seeking relief of specific performance - Maintainability - Where plaintiff proves that there was delivery of possession and he continued to be in possession of property or has done something in furtherance of said agreement, suit for injunction may be maintainable -..........
DELHI HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Ready and willing - Deposit of balance sale consideration in Court - Court when entertains doubt about readiness and willingness of plaintiff then Court to test readiness and willingness, direct deposit of balance sale consideration in Court. (Specific Relief Act, 1963,..........
DELHI HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Ready and willing - Deposit of balance sale consideration in Court - When as per agreement to sell plaintiff is entitled to part with the balance sale consideration only against delivery of title and physical possession of land to him then to order plaintiff to deposit in..........
DELHI HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Ready and willing - Deposit of balance sale consideration in Court - Order to deposit was to balance the equities arising from restraining defendants from dealing with their property - Even if plaintiff failed to deposit, the only consequence thereof has to be vacation of..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise - There has to be strict compliance of the provision of O.23.R.3 CPC - One of the mandatory conditions is that Court should be satisfied that a suit has been adjusted wholly or in part by any lawful agreement or compromise, in writing and signed by the parties - Where no such agreement..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Rent and Eviction -- Ejectment - Agreement of tenancy between parties provided for an adjudication by arbitral process - Plea that lease period has expired and, therefore, agreement cannot be relied on for reference to arbitration - Held, plea liable to be rejected - Arbitral agreement was to resolve any dispute and..........
CALCUTTA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482-- Agreement to sell - Offence u/ss 420, 120-B IPC - There is no element of cheating as petitioners had never induced opposite party to deliver property nor opposite party being so induced agreed to sell the property to petitioners - Petitioners had not any mal-intention as they made part payment and..........