Arbitration and Conciliation Act, 1996, Section 7(5), 11 -- Arbitration agreement - Appointment of arbitrator - Coal distribution through e-Auction - Application for appointment of arbitrator dismissed on the ground that disputes relate to different transactions under 2007 Scheme - Individual sale orders emanate out of 2007 Scheme - Arbitration clause in 2007 Scheme would..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- Comparison of signatures sought during pendency of appeal - Contradictory statement in written statement - Signatures denied on agreement to sell but contradictory plea that he was ready and willing to execute sale deed - Held, once there is an admission of execution of agreement of sale by expressing that..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Agreement to sell with tenant - No reference in agreement as to handing over possession to tenant or that tenant would continue in possession of the property as purchaser under the agreement of sale - Mere reference of plaintiff being in possession of property as a tenant cannot be considered as delivery..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Land sold to defendant is towards western side 13 ft instead of 43 ft - Construction therefore, beyond 13 ft by defendant cannot be permitted - As regarding alternative plea of plaintiff to permit him for completing finishing work, as he is not projecting any..........
Auction sale -- Lease hold land - Claim of unearned increase - When auction was made on market value of property, there was no question of claim of unearned increase by DDA - DDA held, rightly denied claim of unearned increase...........
Auction sale -- Leasehold rights or freehold rights - While interpreting sale deed, auction notice has to be looked into to find out the nature of transaction - Sale deed cannot be read divorced to auction notice or contrary to auction notice...........
Auction sale -- Conversion of leasehold rights into freehold rights - Property in question, which was put in auction was a property as lease hold rights residential plots - When property is auctioned, terms and conditions of auction are binding on both the parties - Auction notice provided for auction of leasehold rights which is an important factor, which cannot be..........
Transfer of Property Act, 1882, Section 54, 55(4)(b) -- Sale - Recovery of unpaid consideration - Part of amount paid and balance consideration promised to be paid - Seller has legal recourse u/s 55(4)(b) of the Act for amount unpaid and interest on such amount - Merely because it is not so specifically mentioned in sale deed, it does not take away right of seller to..........
Transfer of Property Act, 1882, Section 43 -- Erroneous representation by vendor - Suit by heirs of vendor for cancellation of sale deed - Not maintainable...........
Agreement to sell -- Specific performance - Unreasonable time gap between agreement to sell and target date - Target date for execution and registration of sale deed was fixed after a period of complete one year - However, day before said fixed date, a fresh agreement was executed in which reference was given to first agreement - In said agreement to sell also target date..........
