Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Scope of inquiry at the stage of S.11 of the Act is extremely limited and only pertains to an examination about prima facie existence of an arbitration agreement - Judicial non-interference in arbitration process is sacrosanct principle which guides alternative dispute resolution and Courts..........
Arbitration and Conciliation Act, 1996, Section 7, 11 -- Arbitration agreement - There must be a defined `legal relationship' between parties and agreement to arbitrate may be contractual or not - Conclusion of a contract might not be necessary for that purpose and what needs to be seen is whether parties were ad idem in their intention to refer a dispute to arbitration as..........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Appointment of arbitrator - Arbitration agreement - Letter of Intent (LOI) does not in and of itself, create a legal relationship or contractual obligations until there is a clear, unambiguous final acceptance by parties - LOI is to be followed by a final award or a concluded agreement, it cannot be said that letter..........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Appointment of arbitrator - Arbitration agreement - Arbitration clause contained in Tender documents could not be said to have been incorporated in LOI to evince existence of an arbitration agreement between parties on its conjoint reading with Tender documents - There is no mention of any arbitration or dispute..........
Agreement to sell -- Specific performance - Unclean hands - Material facts, having bearing on the agreement, withheld in agreement itself and from Court also - Plaintiff approaching Court with unclean hands is not entitled to relief of specific performance...........
Agreement to sell -- Specific performance - Conduct of parties is significant in a suit for specific performance, as it assists Court in evaluating evidence to find out bona fides of parties at the time of execution of agreement...........
Agreement to sell -- Specific performance - Defendant stated that from the very beginning sale agreement was executed by way of security for a loan of Rs.6,00,000 advanced by plaintiff to defendant and the same was clearly reflected as recited in MOU - Documents were purchased from same stamp vendor - Witnesses to documents were also one and same - All these would..........
Indian Contract Act, 1872, Section 29 -- Suit for partition - During pendency of suit plaintiff executed undertaking qua plaint schedule item No.6, in favour of defendant whereby plaintiff agreed to be satisfied with whatever amount defendant may give him at the time of sale of such item of property - Terms are vague and uncertain - Period within which property is to be..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Case has reached its final stage - Transfer of case to another Court at this stage is highly unjustified and improper - Grievance of wife could be adequately addressed by appointing a Commissioner for recording evidence - Moreover, in mediated settlement agreement, wife had expressly agreed to fully..........
Transfer of Property Act, 1882, Section 53A -- Part performance - For claiming benefit of S.53-A of the Act, agreement must be registered...........
