Arbitration and Conciliation Act, 1996, Section 11(5), (6) -- Appointment of sole arbitrator - Agreement to sell - Arbitration clause therein - Dispute as to cancellation of agreement of sale - Out of Court settlement - Settlement has not been recorded nor made a part of order so as to bind parties and to indicate that dispute had been resolved - No material brought on..........
Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry Death - Deceased committed suicide in her matrimonial home within 2 months of her marriage - Prosecution failed to prove any ill-treatment meted out to deceased within 2 months of her matrimony - Money was transferred in favour of accused in lieu of golden ornaments purchased by them as per agreement between both the..........
Rent and Eviction -- Lease or licence - Lease agreement for a period of five months - Duration of lease makes it apparent that it was a licence and not a lease...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by accused without name of payee which complainant himself filled up and presented in bank for encashment - Cheque amount was payable in terms of a written contingent agreement copy of which is of course not exhibited, in the event of performance of function by artists through one..........
Arbitration and Conciliation Act, 1996, Section 8, 11 -- Appointment of arbitrator - Four separate agreements entered into between parties - Provision for arbitration contained in Clause 20 is similar in all agreements - Considering nature of issues involved being mainly with regard to conversion of preference shares into equity shares and formula to be worked, dispute can..........
Agreement to sell -- Registration - There was no delivery of possession at the time of entering into agreement to sell - Agreement is not required to be registered...........
Agreement to sell -- There is no requirement that agreement to sell must be attested by two attesting witnesses...........
Agreement to sell -- Execution - Defendants admit their signatures/thumb impressions on agreement - They not only signed agreement but also endorsements executed on various occasions in token of receipt of part payments - Though defendants have taken a plea that their signatures were obtained on blank papers, however, they failed to prove the same - Agreement to sell is..........
Agreement to sell -- Specific performance - Extension of time for execution of sale deed - Defendants are members of one family - Signature of defendant No.2 alone is sufficient to extend period for completion of transaction - Contention that defendant Nos.1, 3 & 4 did not sign writing for extending date for execution of sale deed rejected - Even otherwise, if alleged..........
Agreement to sell -- Specific performance - Suit property absolutely settled in favour of defendant by his father - Defendant agreed to sell property in favour of plaintiff - Due execution of sale agreement proved by PW2 and being a registered document, presumption in favour of plaintiff has to be drawn - Right of minor son of defendant to resist execution of sale..........
