Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitration - While exercising jurisdiction u/s 11 of the Act, Court has to confine its consideration as to existence of an arbitration agreement between parties - Court is not empowered to bisect the claim in two parts i.e one arbitrable and other non-arbitrable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Appellant is incontrovertibly absolute owner of property with disputed area constituting merely a fraction of entire premises - He has already entered into an agreement to redevelop the property - In these circumstances, restraint imposed by impugned injunction order significantly circumscribes..........
Registration Act, 1908, Section 49 -- Proviso - Un-registered agreement to sell - Suit for specific performance - Unregistered document affecting immovable property may be received as evidence of a contract in a suit for specific performance...........
Registration Act, 1908, Section 49 -- Proviso - Un-registered agreement to sell - Suit for specific performance - Photocopy of unregistered agreement to sell is filed along with plaint - Document sought to be brought on record is intended only to be used as a proof of oral agreement of sale and it is permitted u/s 49 of the Act...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Respondent No.3 sought his impleadment on the basis of agreement to sell in his favour by respondent no.2 - It would be appropriate to implead respondent no.3 as a party to suit, so that he could put forth his objections to any partition and equities that would need to be worked out -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Suit filed after a lapse of 28 years from the date of execution of agreement - Plaintiff stated in his plaint that he continued to pursue the agreement but on denial of defendants registered notice was given to them in the year 2020 - He thus, created cause of action for..........
Transfer of Property Act, 1882, Section 106 -- Lease - Termination - Failure to vacate premises by tenant - Damages - Damages would come into effect only after expiry of tenancy period i.e. after 7 years in terms of Rent agreement - Thus, damages per day from date of filing of suit may not be sustainable - Tenant shall pay sum of Rs.1,25,000 as monthly rent for remaining..........
Agreement to sell -- Specific performance - Clause in agreement that in case vendor fails to execute sale deed, vendee would be entitled to recover double the earnest money - Merely because of existence of this default clause, plaintiff cannot be denied relief of specific performance when execution of agreement and plaintiff's readiness and willingness to perform his part..........
Agreement to sell -- Specific performance - Ready and willing - Execution of agreement has been proved - Total sale consideration agreed between parties was Rs.75,000 out of which defendant had already received Rs.50,000 as earnest money - Plaintiff was always ready and willing and continues to be ready and willing to perform her part of contract - Plea of hardship taken..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for injunction - Plaintiff wanted to execute oral agreement to sell - Suit was time barred - Plaintiff instead of filing suit for specific performance regarding so called oral agreement had simply filed suit for injunction which is not maintainable - Suit dismissed...........
