Showing : 1551-1560 of 4437 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Agreement to sell - Original agreement not produced - Copies of the said agreements produced as Mark A and Mark B - No permission to lead secondary evidence of these agreements was sought by the plaintiff - Held, whole basis of the claim of plaintiff is knocked out because..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Agreement to sell -- Suit for refund of earnest money - Execution of agreement denied - This denial includes denial of alleged thumb impressions on the agreement - Testimony of scribe that he does not know the parties personally - Plaintiff failed to examine any attesting witness - Finger print expert not examined -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Agreement to sell -..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Agreement to sell -- Specific performance - Ready and willing - Pleading and proof - Pleading of readiness - Absence of pleading of willingness - Plaintiff did not mention the fact of his willingness in the plaint, in the notice sent to the defendant, as well as in the application given to the Sub Registrar for..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Agreement to sell -- Suit for specific performance - Plea of defendant of executing agreement against loan taken - Defendant admitted his signatures on the agreement but not the contents of the agreement - Attesting witnesses not examined - Held, no benefit of Ss.91 & 92 of Evidence Act can be given to plaintiff that..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Agreement to sell -- Suit for specific performance - Refund of earnest money - Not claimed in the suit - However, in the relief clause it was claimed `Any other relief, which the Court deems fit be awarded' - Held, relief of refund of earnest money can be granted - Refund of earnest money ordered alongwith simple..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Arbitration and Conciliation Act, 1996, Section 34-- Award - Setting aside of - No claim regarding supply of rice not conforming to specifications falling within purview of Clause 6(i) of agreement which is excepted from purview of arbitrator - PUNSUP did not claim recovery of one and half times of economic cost of paddy and rather claimed only cost..........
DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaintiff has set up their case seeking possession of suit premises from the tenant as also for recovery of damages, mesne profits etc. - Plea regarding agreement being non registered cannot be the ground for rejection of plaint outrightly - Effect of non registration of the..........
DELHI HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 6-- Possession coupled with documents such as GPA, Agreement to sell, Affidavit, Receipts etc. - Certainly create interest of plaintiff in the suit property - Plaintiff may not have acquired absolute ownership of the property by virtue of these documents, but his being in possession of the said..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 89, Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside of - Parties consented to reference of dispute to arbitrators in terms of S.89 CPC and thus arbitration agreement was not necessary - Appellants did not question order of reference, passed at their instance, till passing of award by Arbitrator - Grounds of challenge..........

Showing : 1551-1560 of 4437 Results