Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a person having agreement to sell in his favour - Proposed vendee does not get any right in law or even in equity with regard to property covered under the agreement and has only right to get another deed executed - Proposed vendee is neither necessary nor proper party to the suit - Order allowing impleadment..........
Indian Penal Code, 1860, Section 420, 506, 120B, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 558 -- Cheating - Quashing of FIR - Allegations against petitioner confined only to signing agreement to sell as an attesting witness, executed between complainant and co-accused qua which proceedings were already quashed - No averment or material on record to show that..........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - Mere use of word "Arbitration" in title of clause without any corresponding substantive part relating to arbitration could not be considered a valid arbitration agreement u/s 7 of the Act...........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - When there has indeed been no arbitration agreement in first place, therefore subsequent correspondence between parties cannot displace the original intention...........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - An arbitration agreement need not be in any specific form, apart from compliance with requirements that S.7 of the Act...........
Evidence Act, 1872, Section 65B(2) -- Cancellation of sale agreement by Whatsapp message - Whatsapp message downloaded to the computer and thereafter it was written on a CD - Neither mobile phone nor CD produced before Court - Paper print out of message produced - Certificate issued by Browsing Centre - Browsing Centre cannot be considered to be Competent Authority to..........
Evidence Act, 1872, Section 65B(2) -- Cancellation of sale agreement by Whatsapp message - Print out of Whatsapp message - Certificate which is produced reveals that Whatsapp message found in mobile device has been downloaded to computer and thereafter, it was written on a CD - Neither mobile phone nor CD produced before Court - Paper print out of alleged Whatsapp message..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Proposed amendment attempt to alter the very character of transaction from an agreement to sell into a transaction of loan, by introducing a new context that agreement was executed only as a security to such a loan - It completely changes the foundation of the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Triable issues arise in the case - Nature of agreement of sale cum General Power of Attorney (AGPA) as to its validity is in question - Therefore, only when validity and enforceability of AGPA is decided, rival contention of respondent can be determined - Suit cannot be rejected at the threshold..........
Agreement to sell -- Agreement to sell does not confer any rights nor does it vest any interest into the party that agrees thereby to buy a particular property...........
