Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(1) -- Eviction petition - Brother claiming rent on basis of money spent by him for construction over demised premises - Failure of brother to produce any agreement showing that he was authorized to collect rent on his own - Tenant paying rent to sister of petitioner - In absence any wilful default on..........
Agreement to sell -- Specific performance - Moulding of relief - Where defendant admits having borrowed money from plaintiff, Court has ample powers to mould relief and direct defendant to repay the debt to plaintiff...........
Agreement to sell -- Specific performance - Moulding of relief - Defendant admitted that he borrowed sum of Rs.5000 from husband of plaintiff - Held, Court while dismissing suit on cause of action, moulded relief based on admission of defendant in written statement and directed defendant to repay plaintiff a sum of Rs.5000/- with interest 6% p.a...........
Agreement to sell -- Specific performance - Readiness and willingness - Readiness implies financial capacity to discharge one's part of contract - Whereas, willingness refers to psychological or mental inclination to go ahead with contract...........
Agreement to sell -- Specific performance - Readiness and willingness - Where plaintiff fails to prove his singular case of accelerated payment of sale consideration, it would be reasonable to infer his failure to establish readiness and willingness within meaning of S.16(c) of Specific Relief Act...........
Agreement to sell -- Specific performance - Readiness and willingness - Question about readiness and willingness of plaintiffs to perform their part of contract is sine quo non for Court to grant specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Amendment to plea regarding readiness and willingness granted at appellate stage if lacks bona fides on plaintiff's part, same cannot be proved in accordance with requirements of S.16(c) of Specific Relief Act - Relief of specific performance not granted to plaintiff...........
Madras High Court (Original Statement) Rules, 1956, Order 36, Rule 9 -- Letter Patent (Mad), Cl.15 - Grant of leave - Revocation - Defendant seeking revocation of leave granted to plaintiffs on the ground that suit property is situated outside jurisdiction - Maintainability of suit - Admittedly, agreement for sale was executed only within jurisdiction of this Court and..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference of dispute to arbitrator - Where subject matter of an agreement between parties fall within S.17 of Contract Act or involves fraud in performance of contract, which amount to deceit being a civil wrong, subject matter of such agreement would certainly be arbitrable - Merely because a particular transaction may..........
Bihar State Housing Board Act, 1982, Section 28, 45, 51 -- Bihar State Housing Board (Management and Disposal of Housing Estate) Regulations, 1983 - Regn.7 - Allotment of plots - Powers of Board - Hire purchase agreement was entered thereafter plot was handed over to petitioner - Since adjacent land to plot of petitioner on western side was lying vacant and was of no use..........
