Showing : 1641-1650 of 4599 Results

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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Loss of original agreement not pleaded in the plaint even when agreement was lost before filing of suit - Plaintiff had placed on record attested photostat copy of the agreement and receipt and also copy of the DDR lodged by him regarding loss of agreement and the same were..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 14-- Suit for specific performance - Agreement executed by power of attorney holder - Neither power of attorney filed alongwith plaint nor explained in whose possession it is, nor certified copy of the same produced - Amounts to non compliance of O.7.R.14(2) CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Existence and execution of original agreement admitted by Defendant No.1 in her written statement - Sufficient ground made out for permitting plaintiff to lead secondary evidence...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Power of attorney-- To be strictly construed - Power of attorney holder to enter into agreement to sell or to execute sale deed - There should be express authorisation in the deed to this effect i.e. (a) to present the document before the Registrar; and (b) to admit execution of the document before the Registrar...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Agreement to sell-- Suit for specific performance - Statutory Forms Nos.47 & 48 of Appendix A of CPC require the date of agreement to be mentioned to reflect that it does not appear to be barred by limitation - In addition to the same, in a suit for specific performance, there should be an agreement by the defendant..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Agreement to sell -- Specific performance - Cannot be declined merely because plaintiff has himself not signed the agreement as execution of agreement between the parties stands admitted even by defendant No.1...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Uttar Pradesh Regulation of Money Lending Act, 1976, Section 18-- Suit by money lender - Not completely barred - S.18 provides that no suit on the basis of any loan, agreement or security referred to in sub-section (1) of Section 15 shall be instituted by a money-lender, unless at the time of advancing such loan or making such agreement or taking such security..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Agreement to sell - Suit for permanent injunction - Allowed to be amended for seeking relief of specific performance as relief of specific performance accrued during pendency of suit - Suit for specific performance is deemed to be filed the day application for amendment was..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 10-- Collateral security - Enforcement of - Held, even if the agreement was executed merely as collateral security for the loan, the loan would have to be repaid - Only if the loan is repaid can the agreement be cancelled - If the loan is not repaid the agreement would have to be enforced - If the..........

Showing : 1641-1650 of 4599 Results