Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of sole arbitrator - Work contract - Memorandum of Understating (MoU) entered into between parties clearly contains an arbitration clause - Dispute pertains to certain communication issued by University whereby purchase order in favour of petitioner executed in furtherance of MoU was kept in abeyance - On..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Joint family property - Property inherited from father by his sons becomes joint family property in the hands of sons - Sons sold the property to defendant with clause of re-conveyance in the event of further sale - Property further sold by defendant - If subject property stands reassumed in its original..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for partition - Third party, whose property is included in the schedule of property, can be allowed to be impleaded as a party to the suit instead of driving him to file a separate suit - Plaintiff should be made to discharge the burden of proof of first establishing that the disputed property..........
Hindu Law -- Ancestral property - Alienation by Karta - Legal necessity - Casual statements made in sale deed regarding sale of land for necessity is not sufficient evidence, as details of said necessity were not given in recital of sale deeds - Moreover, there is no need to challenge sale deeds, though sale deeds were executed by defendant No.1 without any legal..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Agreement regarding supply of coal - Claim as to amount lying in escrow account - Escrow account required to be opened for preparation of mine closure plant - Object and purpose of opening escrow account was to see that appellant company fulfills contract as per agreement and till..........
Will -- Execution - Property purchased from joint Hindu family funds - It had nature of joint Hindu family property, which could not have been bequeathed by virtue of Will...........
Madhya Pradesh Accommodation Control Act, 1961, Section 12(1)(f) -- Rent and eviction - Bonafide need - Plea of landlord, he cannot start his business of dry-fruits in the market `S' as said market is mainly a market of cloth business - As landlord is best judge to decide as to which place is suitable for his business, therefore, tenant cannot insist that landlord can..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Co-sharer - A co-sharer in exclusive possession of part of joint land is entitled to protect his possession by filing suit for injunction against other co-sharer - Till partition defendant cannot interfere in the possession of plaintiff illegally and forcibly, except in due course of law...........
Consumer Protection Act, 1986, Section 12(v)(o) -- Builder buyer agreement - Default in delivery of possession - Complaint by joint allottees/Class action - Maintainability - Appellants had a common grievance that respondent had not delivered possession of respective units booked by them - National Commission committed error by dismissing complaint on the ground that class..........
Benami Transactions (Prohibition) Act, 1988, Section 3 -- Benami transaction - Sale deed in favour of wife - Merely because husband contributed part sale consideration, it cannot be inferred that sale deed in favour of wife was benami transaction and for and at behalf of joint family...........
