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..........
Registration Act, 1908, Section 71 -- Refusal to register document - District Sub-Registrar on presentation of document before him, cannot keep the same pending without any reason and if he does not intend to register the document so presented for any valid reason, he has to pass an order of refusal of registration with an endorsement on the document that registration is..........
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...........
