Civil Procedure Code, 1908, Section 151, Order 13, Rule 3 -- Admissibility of document - Unregistered and unstamped agreement - No sale of property was effected by agreement in question - It is only a memorandum which states prior settlement between parties - Application rightly dismissed...........
Evidence Act, 1872, Section 126 -- Professional communications - Communication if any made by the client to his advocate with regard to attestation made by advocate as a witness to an agreement executed by his client is not privileged communication protected by S.126 of the Act...........
Agreement to sell -- Specific performance - Person who posing as title holder entered into an agreement to sale his property, cannot be allowed to assert subsequently that he had no title over property - Principle of estoppel would apply...........
Agreement to sell -- Specific performance - Outsiders cannot be allowed to defend right to unknown heirs of purchaser...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff has pleaded that she had already paid the entire consideration money and taken possession in pursuance of agreement - Plaintiff was not required to prove her readiness and willingness to perform his part of contract - In such circumstance, if plaintiff was not examined rather her husband and other..........
Agreement to sell -- Specific performance - Limitation - No time is fixed in the agreement for performance of contract - In that circumstance, plaintiff would bring the suit when she had notice that performance is refused...........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - Clause in agreement that if any dispute or difference arises between partners or their respective heirs or anyone claiming from them - Therefore, legal representatives or anyone claiming through a partner is entitled to invoke arbitration clause...........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement in the first clause of agreement - In second clause it was stated that arbitration shall be optional - This does not obliterate or write off the arbitration clause...........
Family Courts Act, 1984, Section 7 -- Suit for declaration of matrimonial status - Divorce through Mubarrat - When parties approach a Court seeking formal recognition of their divorce through Mubarrat, Court's primary role is to verify the mutuality and voluntariness of agreement - Upon satisfaction, Court is obligated to endorse the dissolution and declare the marital..........
Family Courts Act, 1984, Section 7 -- Suit for declaration of matrimonial status - Divorce through Mubarrat - Parties are living separately and have entered into a Mubarrat agreement wherein they mutually agreed to dissolve the marriage subject to payment of Rs.30 lakhs by husband to wife - Sum of Rs.30 lakhs has been paid in full by husband and both the parties have..........
