Showing : 1871-1880 of 4599 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 120B-- Conspiracy - Meeting of minds of two or more persons for doing an illegal act or an act by illegal means is sine qua non of the criminal conspiracy - However, it may not be possible to prove the agreement between them by direct proof - Existence of the conspiracy and its objective can be inferred..........
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...........

Showing : 1871-1880 of 4599 Results