Agreement to sell -- Refund of earnest money - Defendant not having valid title for the total land for which he entered into agreement to sell - Plea that defendant was entitled to forfeit the money is without any basis as fault did not lie on the part of plaintiff and it was not that he was not ready and willing to get the sale deed executed - Earnest money rightly..........
Agreement to sell -- Proof - Agreement not signed by plaintiff - Agreement thumb marked by defendant and witnessed by `S' and `K' and bearing seal of Oath Commissioner - None of those persons supported execution of document - Agreement to sell not proved - Decree of specific performance rightly set aside by first appellate Court...........
Agreement to sell -- Refund of advance amount - Defendant admitted execution of agreements for sale and its execution - He also admitted that he accepted partial sale consideration of Rs.10 lacs and by his own act and conduct of remitting Rs.2,50,000 to plaintiff, as sale deed was not executed - Trial Court rightly directed defendant to remit Rs.7,50,000 alongwith 6%..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Quashing of proceedings - Complaint/FIR/charge sheet disclosing commission of offence - Simply because there is remedy provided for breach of contract or arbitral proceedings initiated at the instance of appellant, that does not by itself clothe the Court to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 34 -- Quashing of proceedings - Cheating - Dispute as to agreement to sell executed between parties - Ingredients of offences in question cannot be said to be absent on basis of allegations in FIR/complaint/charge sheet - Though FIR/charge sheet indeed reveal commercial transaction but..........
Arbitration and Conciliation Act, 1996, Section 11(6), 8 -- Appointment of arbitrator - Unsafe to conclude, in the given facts of the instant case, as to whether an arbitration agreement exists between the parties - A deeper consideration of whether an arbitration agreement exists between the parties must be left to an Arbitrator who is to examine the documentary evidence..........
Arbitration and Conciliation Act, 1996, Section 11(6), 8 -- Appointment of arbitrator - Unsafe to conclude that there is an arbitration agreement in between the parties - Sole arbitrator appointed, who will determine as a preliminary issue as to whether an Arbitration agreement exists between the parties and go to decide the merits of case only if it is first found that..........
Landlord and tenant -- Relationship - Agreement of tenancy can be both by writing or oral - Even if, there is oral agreement of tenancy, Court has to look into the circumstances and intention of the parties and other material to conclude as to whether there was any tenancy or not...........
Landlord and tenant -- Relationship - No rent agreement executed in between parties - No rent receipt filed in support of claim of tenancy - When there is no evidence of taking premises on rent and it is admitted that no record of accounts as to payment of rent is maintained, there is no base for holding that relationship of landlord and tenant is proved...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Ad interim injunction - Vacation of - Claim of a lessee or tenant - No rent or lease agreement nor rent receipt produced - Prima facie possession of plaintiff over suit property not made out - Balance of convenience also lies in favour of defendant - Greater inconvenience would be caused to defendant if ad interim injunction..........
