Specific Relief Act, 1963, Section 28 -- Rescission of contract - Execution Court permitted DH to deposit balance consideration even after expiry of period fixed by trial court decree - Deposit was permitted just to test the bona fides of DH in pursuing execution - By permitting DH to make deposit to show his bona fides, Court did not foreclose right of JD to seek..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Principles guiding the exercise of power u/s 28 of the Act are : (i) decree for specific performance of a contract is in the nature of a preliminary decree and therefore, till deed is executed pursuant to decree, Court that passed the decree is vested with jurisdiction to either rescind the..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance of sale of immovable property inherently contemplates completion of transaction which includes execution and registration of sale deed and putting purchaser in possession unless contract or decree indicates otherwise...........
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..........
Evidence Act, 1872, Section 92 -- Oral evidence - Contract or disposition which is required to be in writing and has been reduced to writing, its terms cannot be modified or altered or substituted by oral contract or disposition...........
Contract -- Blacklisting - Blacklisting being stigmatic and exclusionary in nature cannot be imposed mechanistically but must comport with principles of natural justice and reasonableness...........
Contract -- Blacklisting - Show Cause notice - It is necessary for department to issue a specific notice proposing blacklisting of a contractor and call for an explanation as to why an order of blacklisting should not be passed in view of its serious consequences...........
Contract -- Termination and blacklisting - Contractual conditions governing termination on one hand and those that relate to blacklisting on other are distinct and will be exercised independently - Decision of blacklisting is not automatic and certainly not a logical consequence of a decision of termination - Even after the department decides to terminate contract, there..........
Contract -- Termination and blacklisting - Show Cause notice - Decision to blacklist is independent of decision to terminate and department must demonstrate application of mind before it takes next step of blacklisting the contractor over an order of termination - Upon taking such a decision, it must also issue a show cause notice calling upon contractor to explain why a..........
Contract -- Blacklisting - Show Cause notice - For passing an order of blacklisting there has to be sufficient evidence, clear application of mind and stronger adherence to principles of natural justice - Since blacklisting order falls short of this requirement, same is liable to be set aside - Department directed to issue a fresh show cause notice indicative of reasons as..........
