Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Plaintiffs were in possession of suit property on the basis of agreement to sell - They are not the owners of suit property - Whether plaintiffs are entitled to protect their possession or not can be considered only if persons who had entered into agreement to sell..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiffs failed to prove that they had requisite financial viability on the target date - In the absence of any such cogent or reliable evidence, relief of specific performance rightly denied...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Suit for specific performance - Issue as to whether plaintiffs are entitled for possession of subject matter of agreement without partition amongst other brothers and mother of petitioner, is a mixed question of law and fact - Unless plaintiffs proves readiness and willingness, no decree for..........
Service -- Agreement of service containing restrictive covenant - Restrictive covenant operating during subsistence of an employment contract does not put a clog on freedom of a contracting party to trade or employment...........
Service -- Agreement of service containing restrictive covenant - Clause 11 (k) of appointment letter shows that employee was required to pay liquidated damages of Rs.2 lakhs in the event of leaving employment of bank prior to 3 years - Whether clause violative of S.27 of Contract Act - Clause sought to impose a restriction on employees option to resign and thereby..........
Service -- Agreement of service containing restrictive covenant - Clause 11 (k) of appointment letter shows that employee was required to pay liquidated damages of Rs.2 lakhs in the event of leaving employment of bank prior to 3 years - Whether clause opposed to public policy - Restrictive covenant prescribing a minimum term cannot be said to be unconscionable, unfair or..........
Micro Small and Medium Enterprises Development Act, 2006, Section 18(4) -- Jurisdiction for arbitration in Facilitation Council - Appellant MSME is located in Delhi - In exercise of its power, Facilitation Council entrusted the conduct of arbitration through institutional aegis of Delhi Arbitration Centre - Private agreement between parties stands overridden by statutory..........
Micro Small and Medium Enterprises Development Act, 2006, Section 18(4) -- Jurisdiction for arbitration in Facilitation Council - Agreement between parties stands overridden by statutory provisions under MSMED Act...........
Agreement to sell -- An agreement to sell would not convey title - Possession if delivered would make agreement liable to be registered...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Claim of plaintiff is based on agreement to sell - Plaintiff was not able to prove prima facie case in his favour - Merely by producing photographs etc. petitioner could not prove his possession over plot in dispute - Defendants produced a number of documents to demolish case of plaintiff and were..........
