Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Unregistered - Agreement to sell executed after amendment of S.53-A Transfer of Property Act - After amendment, an agreement to sell can be relied upon for purpose of protection u/s 53-A of Transfer of Property Act, as per doctrine of part performance only if that agreement to sell is registered - No..........
Agreement to sell -- Specific performance - Jurisdiction to decree specific performance is discretionary - However, discretion of Court is not arbitrary, but is `sound and reasonable' to be guided by judicial principles. (Specific Relief Act, 1963, S.20)...........
Agreement to sell -- Specific performance - Terms of contract, conduct of parties at the time of entering into agreement and circumstances under which contract was entered into gave plaintiff an unfair advantage over defendants - These circumstances make it inequitable to enforce specific performance. (Specific Relief Act, 1963, S.20)...........
Indian Contract Act, 1872, Section 23 -- Void agreement - Agreement by students in favour of college to withhold their certificates for the payment of amounts covered by bonds - It is unethical - Agreement is against public good and public interest as well - Agreement though not void for want of consideration but same is void as opposed to public policy...........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Appointment of arbitrator - While delving into appointment of arbitrator u/s 11 of the Act, regard being had to the nature of agreement as stipulated u/s 7 of the Act - Judge designated is obliged to consider the nature of agreement and whether document requires to be stamped or not, and if so, whether requisite..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Settlement - When parties settle there disputes by signing agreement detailing the procedure to be followed to work out such settlement, certainly, that agreement is having all characteristics of compromise in terms of O.23.R.3 CPC and no party can withdraw from it unilaterally - When it reaches Court, Court will have to act..........
Civil Procedure Code, 1908, Section 89, Order 23, Rule 3 -- Mediation - Settlement - Mediator cannot forward any agreement to Court as to what course of procedure to be followed by Court for passing decree...........
Kerala Money Lenders Act, 1958, Section 7(1), Indian Contract Act, 1872, Section 23 -- Interest charged above stipulated rate of interest u/s 7(1) of 1958 Act - Forbidden by law and opposed to public policy - Moreover, if there is agreement to this effect, said agreement cannot be enforced u/s 23 of 1872 Act...........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Lease agreement and corporate guarantee - Defendant no.1 agreed by corporate guarantee to be subject to jurisdiction of Courts not only in Saudi Arabia but also abroad, thus, cannot be allowed to urge that suit instituted is against the spirit of contract - Moreover,..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Disputed signatures - Opinion of handwriting expert - Application filed when case was fixed for recording statement of accused u/s 313 Cr.P.C. - Cheque in question was not returned on account of dissimilarity in signature of accused - Accused did not file any complaint..........
