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..........
Arbitration and Conciliation Act, 1996, Section 34, 11 -- Arbitral award - Challenge as to - Once Court while adjudicating application u/s 11 of the Act gave a finding of existence of a valid arbitration agreement, right or wrong that decision should bind the parties when they have not challenged the same and even also be bound during subsequent stages of proceedings which..........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Appointment of arbitrator - Non-arbitrable agreement - When an allegation of fraud is made with regard to arbitration agreement itself, such a dispute is generally recognised as a dispute in the realm of non-arbitrability - Court will examine it as a jurisdictional issue only to enquire whether dispute has become..........
Arbitration and Conciliation Act, 1996, Section 8, 11 -- Applications u/ss 8, 11 of the Act - Prima facie satisfaction recorded by High Court regarding doubtful existence of arbitration agreement is a relevant consideration while examining applications u/ss 8, 11 of the Act...........
Agreement to sell -- Suit for specific performance - Vendor is a necessary party in a suit for specific performance of an agreement for sale, notwithstanding that he has transferred his interest in property to a third party - A suit or an appeal emanating from such a suit would abate if upon death of vendor, his legal heirs/LRs are not substituted...........
Agreement to sell -- Suit for specific performance - Transferee lis pendens - Not a necessary party - However, a transferee lis pendens may pursue appeal against a decree of specific performance against vendor, as a legal representative/inter-meddler of estate of vendor - But, having regard to nature of decree that is required to be passed in a suit for specific..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff failed to prove his readiness and willingness - He not able to demonstrate that he had necessary financial wherewithal to make balance payment of Rs.5.21 crores on due date - In addition to that, he did not even visit office of Sub-Registrar on said date - Even, defendants too did not fulfil their..........
Agreement to sell -- Specific performance - Both the parties at fault - Equity must operate in a manner that prevents unjust enrichment and restores parties to their original position, as far as possible particularly where both parties are at fault - Therefore, directing forfeiture of earnest money would result in an equitable windfall to defendants - Defendants directed..........
