Transfer of Property Act, 1882, Section 53A, Registration Act, 1908, Section 17(1A) -- Agreement to sell - Unregistered - In case vendor files suit for recovery of possession on the basis of ownership, then vendee may not be entitled to protect his possession u/s 53-A of TP Act when agreement to sell is unregistered and was executed subsequent to amendment S.17(1-A)..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for specific performance - Suit filed within ten days of the date mentioned in the agreement - Averments of readiness and willingness in plaint - Stay application rejected...........
Electricity Act, 2003, Section 86(1)(f), 95 -- Power Purchase Agreement (PPA) - Termination of agreement by seller - Agreement entered into between appellant/seller and procurer for purchase and sale of power supply on the basis of commitment given to it by Gujarat Mineral Development Corporation (GMDC) - Since GMDC failed to abide by its commitment and not executed Fuel..........
Electricity Act, 2003, Section 65 -- Power Purchase Agreement (PPA) - Termination of agreement by seller - Compensatory tariff - Determination - Appellant/seller even after termination of PPA continued to take project to its logical end - Seller must have incurred huge expenditure on the same - Expenditure towards running of project after obtaining coal from open market..........
Arbitration and Conciliation Act, 1996, Section 11(5), 11(9), 11(12)(a) -- Appointment of sole arbitrator - Impleadment of no, signatory party to an arbitration agreement - Agreement executed between applicant and respondent no.1 having arbitration clause - Respondent no.2/Belgium Company was neither signatory to arbitration agreement nor did have any causal connection..........
Arbitration and Conciliation Act, 1996, Section 11(5), 11(9), 11(12)(a) -- Appointment of sole arbitrator - Arbitration agreement between applicant and respondent no.1 containing arbitration clause - Respondent no.1 company having established under provisions of Indian Companies Act and having its registered office in India - Applicant thus, can pursue its remedy against..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 3, 4 -- Quashing of FIR - Offence u/ss 406, 420 IPC and Ss.3, 4 of Prize Chits and Money Circulation Schemes (Banning) Act - It is a case where both parties are alleging violation of terms and conditions of agreement..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Hire purchaser agreement - Accused filed consumer complaint against manufacturer as vehicle was defective - Not a ground to quash complaint instituted by financier for dishonour of cheque...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of agreement - No averment in application that photocopy of agreement on record is made from original, when it was made and who compared it - Loss of original agreement not accounted for in accordance with provisions of S.65 of the Act - Application is bereft of particulars, which are required for discharging..........
Agreement to sell -- Suit for specific performance - Maintainability - Termination of agreement prior to filing of suit - Merely because no declaration is sought that termination is illegal, it cannot be said that suit for specific performance is not maintainable...........
