Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Existence of arbitration agreement has not been disputed by respondent - Question whether there exists a valid dispute to be referred to arbitration can be addressed by Arbitral Tribunal as a preliminary issue - Former Chief Justice of Punjab & Haryana High Court appointed as the sole..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - At the stage of application u/s 11 of the Act, referral Courts need only to examine whether arbitration agreement exists nothing more, nothing less...........
Agreement to sell -- Specific performance - Time not essence of contract - Even where time is not an essence of contract, plaintiff must perform his part of contract within a reasonable time and reasonable time should be determined by looking at all surrounding circumstances including the express terms of contract and nature of property...........
Agreement to sell -- Specific performance - Readiness and willingness - For relief of specific performance, plaintiff has to prove that all alone and till the final decision of suit, he was ready and willing to perform his part of contract - Mere statement or averment in the plaint for readiness sand willingness would not suffice...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff failed to prove his readiness and willingness to perform his part of the contract by adducing oral evidence on record - Relief of specific performance , denied - However, on considering the provision of S.22 of Specific Relief Act, alternative relief of refund of advance amount of Rs.20,000..........
Transfer of Property Act, 1882, Section 126 -- Gift deed - Revocation - Gift can be revoked in the following three contingencies i.e: (i) the donor and donee may agree for the suspension or revocation of gift deed on the happening of any specified event which does not depend on the will of donor; (ii) a gift which is revocable wholly or in part with the agreement of..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Dispute raised regarding promises and reciprocal promises arising out of agreement - Right of renewal and revision of storage charges as well as the legality and propriety of enhanced demand arose during the subsistence of agreement - Its legality and propriety will depend on the terms of..........
Agreement to sell -- Specific performance - Transfer pendente lite - Once sale agreement in favour of plaintiff is proved, subsequent sale during pendency of suit is hit by doctrine of lis pendens - Suit for specific performance rightly decreed by High Court...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- Agreement to sell - Suit for specific performance - Trial Court partly decreed the suit to the extent of recovery of Rs.40,000/- - Separate appeal or cross objections thereagainst not filed - In the absence of cross appeal or cross objections, first appellate Court could not have recorded a finding that subject..........
Agreement to sell -- Specific performance - Agreement to sell qua land comprised in Khasra No.454 - Decree passed qua Khasra No.457 - Specific performance of contract was not claimed of land of Khasra No.457 - Judgment and decree set aside - Matter remitted for decison afresh...........
