Showing : 1851-1860 of 4566 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 11-- Arbitrator - Appointment - Arbitrator can be appointed only if there is an arbitration agreement in regard to the contract in question - If there is an arbitration agreement in regard to contract `A' then arbitrator cannot be appointed when there is dispute in regard to contract `B'...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Transfer of Property Act, 1882, Section 53A-- Part performance - Agreement to sell executed on 27.11.1982 whereby possession alleged to be delivered - On 14.7.1985 irrevocable power of attorney executed and recitals therein show that the property at that particular time was in possession of transferor - Held, defendant did not get possession..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 11-- Arbitrator - Appointment - Arbitration agreement - Serious allegations of fraud, forgery and fabrication - Existence of a valid and enforceable arbitration agreement is a condition precedent for appointment of an arbitration - When serious allegations of fraud and fabrication are made, it is not..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 11-- Arbitrator - Appointment - Arbitration agreement - Serious allegations of fraud, forgery and fabrication - Where agreements have been performed in part, such a contention not to be entertained - It is only in a very few cases, where an agreement had not seen the light of the day and suddenly..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Agreement to sell-- Recital of delivery of possession - Delivery of possession recited in agreement of sale must be effective, uninterrupted and legal possession of purchaser and he must be in a position to enjoy it - Lacking in the instant case - Held, agreement to sell is without possession. (Stamp Act, 1899,..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Agreement to sell -- Specific performance - Ready and willing - Plaintiff failed to prove that he had performed or he had always been ready and willing to perform the essential part of contract, which has to be performed by him - Held, readiness and willingness of plaintiff can even been inferred from the..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration Act, 1940, Section 7-- Arbitration Agreement - Arbitration clause - Reference to arbitration only if there is a dispute - Parties had already settled the disputes before Panchayat for sale of property for a consideration and appellant had received entire consideration and delivered possession - There was no dispute..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Agreement to sell-- Suit for specific performance - Agreement a procured and fictitious document - Thumb impression on agreement alleged to be obtained on blank papers by taking advantage of drunken condition - All the four thumb impressions on agreement are with the same ink pad which were allegedly obtained by the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Agreement to sell-- Proof - Thumb impression on agreement alleged to be obtained on blank papers by taking advantage of drunken condition - Held, in that eventuality, a heavy burden of proof is on plaintiff to prove the due execution, genuineness of the agreement to sell and passing of the earnest money...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Agreement to sell-- Specific performance - Ready and willing - Pleading and proof - It is incumbent on the party, who want to enforce the specific performance of a contact, to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract. (Specific Relief..........

Showing : 1851-1860 of 4566 Results