Consumer Protection Act, 1986, Section 23 -- Flat Buyer Agreement - Delay in allotment of flats - Compensation - Dispute between developer and Housing Board over delay of allotment of flats - Arbitrator specifically directed in its award that any amount payable on account of refund, interest or compensation when finally determined by National Commission/Supreme Court would..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for specific performance - Agreement in question bears blank columns and has overwriting, which itself shows that to prove the same, evidence is required to be led in the matter - Plaintiff raised several triable issues which require leading of evidence -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for specific performance - Agreement in question bears blank columns and has overwriting, which itself shows that to prove the same, evidence is required to be led in the matter - Plaintiff raised several triable issues which require leading of evidence -..........
Agreement to sell -- Registration - Suit for specific performance - Document not falling under S.17(1A) of Registration Act, 1908 - Unregistered agreement to sell is admissible in evidence in a suit for specific performance. (Registration Act, 1908, Ss.17(1A), 49 Proviso)...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Pre-referral jurisdiction of Courts u/s 11(6) of the Act is very narrow and inheres two inquiries i.e: (i) primary inquiry is about existence and validity of an arbitration agreement, which also includes an inquiry as to parties to agreement and applicant's privity to said agreement; (ii)..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Claims sought to be submitted to arbitration were raised as afterthought - Plea of coercion and economic duress leading to settlement agreement is an afterthought - High Court committed error in allowing application u/s 11(6) of the Act - Order of High Court set aside...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Settlement in between parties during pendency of appeal - Terms of settlement found lawful - Ex parte divorce decree already granted and wife will no longer assail the same as she has accepted the said dissolution of marriage - Appeal disposed of in terms of settlement agreement - Settlement agreement shall be read as part..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - Cross-appeal objector is entitled U.O.41.R.22 r/w O.43.R.1-A CPC to question legality and validity of settlement agreement recorded U.O.23.R.3 CPC by way of a cross-appeal...........
Agreement to sell -- Specific performance - Relief of possession - Relief of possession is ancillary to the decree for specific performance and need not be specifically claimed - Even if prayer for possession is not specifically made, still said relief is implicit and Court has jurisdiction to deliver possession even without praying for possession - S.22(2) of Specific..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Summoning of opposite party as its own witness - Entire case of plaintiff is based on agreement to sell - Opposite party not named in the list of witnesses - Opposite party not a signatory of the said agreement - Presence of opposite party not relevant especially in view of admitted fact that opposite party is not a signatory..........
