Indian Penal Code, 1860, Section 420, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Cheating - A-1 and A-2 by accepting inferior quality of goods from A-3 and not deducting proportionate cost of value of goods supplied as per agreement, causing wrongful loss to Railways - Dishonest payment made for inferior quality, well proved by prosecution - In said..........
Agreement to sell -- Specific performance - Defendant denied the same by pleading it to be a security - Contents of agreement not proved by examining attesting witnesses, Stamp vendor and Deed Writer - Intention of parties for executing agreement not brought on record - Plaintiff miserably failed to prove readiness and willingness - Defendant admitted having received the..........
Arbitration and Conciliation Act, 1996, Section 7, 11 -- Arbitration agreement - Work contract - Agreement entered into between parties not intended to make arbitration clause as a part of contract between parties - There is no independent arbitration agreement between parties either - Remedy under the Act for appointment of arbitrator rightly not available...........
Stamp Act, 1899, Section 35 -- Agreement to sell - Unregistered and unstamped - Trial Court to send the document in question to Collector Stamp concerned for adjudication of proper stamp duty - On payment of proper stamp duty document in question to be admitted in evidence...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery suit - Termination of agreement to sell by plaintiff - Existence, execution and validity of agreement to sell is an admitted fact - Clause of agreement specifically provided that in the event of its termination, defendants shall be entitled to forfeit 25% of earnest money paid at the time of..........
Agreement to sell -- Specific performance - Agreement executed only as security for loan taken by defendant - It was never intended to be acted upon and there was no intention to sell property - Even plaintiff was aware of the fact that more than one person was owner of property and he had entered into an agreement only with defendant, who would have only half share -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for specific performance - Defendants after execution of agreement to sell in favour of plaintiff created equitable mortgage in favour of respondent No.3 - Respondent No.3 is not claiming any independent rights - Presence of respondent No.3 is necessary in order to enable Court to effectively..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Matrimonial dispute - Settlement - Dispute between parties sorted out and they arrived at an agreement to settle all cases between them - Husband handed over a demand draft of Rs.1 lakh to wife in terms of agreement and also paid another sum of Rs.95,000 to wife - Settlement is taken on record and form part of..........
Assam Urban Area Rent Control Act, 1972, Section 5(4) -- Rent and eviction - Clubbing of daily rent to monthly rent - In absence of any agreement to club daily rent to constitute monthly rent and pay it on monthly basis, the rent which is admittedly payable daily cannot be clubbed on monthly basis for purpose of depositing such rent in Court - Such a misconstruction of law..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff did not have necessary funds available with him to pay balance consideration - Low income and low bank balance of plaintiff indicated his incapacity to make balance payments - Even otherwise, no material on record to show that plaintiff can arrange sufficient funds to pay balance..........
