Agreement to sell -- Specific performance - Readiness and willingness - Concurrent findings of trial Court and first appellate Court - High Court in second appeal ought not to have interfered with such findings of fact unless such findings are found to be perverse - Since findings recorded cannot be said to be perverse and/or contrary to evidence on record, High Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Prima facie plaintiff was not vigilant with regard to his right to enforce sale agreement - Plaintiff approached the trial Court after a lapse of 7 years from date of execution of registered sale deed in favour of subsequent purchaser - Plaintiff failed to make out a..........
Muslim Law -- Extra judicial divorce - Extra judicial divorce by mubaarat mode is complete as and when both spouses enter into mutual agreement - Seal of Court is not necessary to the validity of any of these modes of extra judicial divorce...........
Family Courts Act, 1984, Section 7(d) -- Muslim Law - Extra judicial divorce - Guidelines issued to Family Court in a petition filed u/s 7(d) of the Act to endorse extra judicial Divorce under Muslim Personal law and to declare the marital status of parties to marriage viz. : (i) on receipt of petition, Family Court shall issue notice to respondent; (ii) After service of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Once parties voluntarily enter into an agreement and agree to abide by the consequences of non-compliance of the settlement agreement, they cannot be allowed to reverse the effects of the agreement by pursuing both the original complaint and the subsequent complaint arising from such..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Original complaint must be quashed and parties must proceed with the remedies available in law under the settlement agreement...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Once a settlement is entered into in between the parties, the parties are bound by the terms of agreement and any violation of the same may result in consequential action in civil and criminal law...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Cheques issued to pursuance of compromise - Such cheques dishonoured - Determination of whether a cheque pursuant to a settlement agreement arises out of a legal liability would be dependent on various factors, such as the underlying settlement agreement, nature of original transaction and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - In the event compromise deed is found to be void ab initio on account of coercion, very basis for quashing the first complaint is removed since the settlement agreement is deemed to have never existed and hence it had no effect on the liability subsisting under the first complaint -..........
Arbitration and Conciliation Act, 1996, Section 48 -- Foreign arbitral award - Enforcement - Foreign arbitration award is enforceable against non-signatories to arbitration agreement...........
