Agreement to sell -- Specific performance - Plea that agreement was security for loan and not a sale agreement - Onus is on defendant to establish that said agreement was in fact an agreement for security of loan and not an agreement of sale which defendant failed to discharge - Possession delivered simultaneously with the execution of agreement - Agreement proved to be..........
Agreement to sell -- Specific performance - Relief of - Delay to bring the present suit for some other ulterior motive is sufficient to disentitle plaintiff to the relief of specific performance - Refund of earnest money with 6% per annum interest ordered...........
Arbitration and Conciliation Act, 1996, Section 5, 16 -- Void agreement - Arbitration clause - Concept of severability - Held, arbitration clause survives even if main contract is void - Court can refer disputes to arbitration - Court ought to decline reference to arbitration only where Court can reach conclusion that contract is void on a meaningful reading of contract..........
Arbitration and Conciliation Act, 1996, Section 34 -- English Arbitration Act, S.3 - Judicial seat - Parties have consensually provided that arbitration agreement will be governed by English law - Parties understood that arbitration law of England would be applicable to arbitration agreement - Term `judicial seat' is specifically defined in S.3 of English Arbitration Act -..........
Arbitration and Conciliation Act, 1996 - - Part I, English Arbitration Act, S.3 - Juridical seat - Applicability of law - Parties have consensually provided that arbitration agreement will be governed by English law - Arbitration agreement has to be governed by laws of England - Juridical seat of arbitration is in London - Held, it cannot be said that Part I of Act of 1996..........
Agreement to sell -- Specific performance - Cuttings and interpolations - Initialed by vendor himself on the date of execution - Cuttings and interpolations thus does not make the agreement doubtful...........
Agreement to sell -- Specific performance - Plea of hardship - Cannot be accepted in absence of any pleadings - Moreover defendant at the time of execution of agreement to sell in question was well aware of fact that he was not having any other house and he had agreed to sell the same in his own wisdom and thus cannot be given any benefit on this account - Plea not..........
Agreement to sell -- Specific performance - Efflux of time and escalation of price of property by itself not a valid ground to deny the relief of specific performance - Ultimate guiding test is principles of fairness and reasonableness as may be dictated by peculiar facts of each case - Keeping in view the conduct of defendant himself in delaying decision it is not fit..........
Agreement to sell -- Specific performance - Ready and willing - Mere availability of the balance sale consideration does not complete the element of readiness and willingness as it is only one part thereof - The other part of the said ingredient is of communication by the purchaser to the seller of readiness to pay the said balance sale consideration on the stipulated..........
Agreement to sell -- Specific performance - Clause in agreement as to payment of liquidated damages in the event of breach - Does not negate the right of purchaser to claim relief of specific performance - A contract otherwise specifically enforceable may be so enforced though a sum may be named in it as the amount to be paid in case of its breach and the party in default..........
