Showing : 1331-1340 of 4311 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Oral - Date of agreement - Plaintiff not sure - It is difficult to discern the existence of the consensus ad idem which is sine qua non for any agreement - Plaintiff, thus miserably failed to prove the very existence of agreement...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Oral - It is not necessary that an agreement of sale must be in writing but where an oral agreement of sale is pleaded in respect of any item of property, heavy burden rests upon plaintiff to prove every facet of the same through cogent and acceptable evidence...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Court Fees Act, 1870, Section 7(ivA), 7(v)-- Suit for declaration that agreement to sell is void - Court fee - Agreement to sell cannot be treated at par with sale deed - Suit cannot be valued on the value of immovable property - Suit cannot be valued at annual rental value of land - Suit should be valued on the earnest money paid...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Will -- Execution - Proof - Registered - Testatrix signed Will before Sub Registrar in presence of two attesting witnesses - One attesting witness examined and proved execution - Sub Registrar read contents of Will and testatrix, educated lady, showed agreement - Testatrix normal, well balanced and..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 5, Evidence Act, 1872, Section 115-- Family settlement - Challenge by coparcener - Family agreement between members of family proved by independent witnesses and also admitted by most of members of family - Plaint assertions not contested or contradicted by defendant coparcener by filing any written statement - They have not adduced..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Arbitration and Conciliation Act, 1996, Section 8-- Unregistered document of lease - Arbitral clause - Severance of - Held, an arbitral agreement itself does not require to be registered and consequently a clause for an arbitration in an unregistered document of lease which is required to be registered could be severed from other clauses and given..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Due execution of agreement and readiness and willingness once proved then equity demands enforcement of agreement rather than granting alternative relief of damages...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Arbitration and Conciliation Act, 1996, Section 8-- Termination of contract - Effect on arbitral clause contained therein - Held, an arbitration clause which formed part of contract shall be treated as agreement independent of other terms of contract and hence arbitration clause continues even if contract does not continue...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Plaintiff filed suit for specific performance - Defendant filed suit for declaration alleging agreement to sell as illegal, without consideration, result of fraud and mis-representation - Both the suits consolidated - Suit of plaintiff decreed and that of defendant dismissed -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
, Section 13- - Arbitration and Conciliation Act, 1996, S.8 - Ejectment petition - Lease deed - Arbitration clause - Jurisdiction of Rent Controller - Held, Rent Controller shall not be permitted to continue proceedings further when there is a clear dispute between parties of respective status - Enforceability..........

Showing : 1331-1340 of 4311 Results