Arbitration Act, 1940, Section 2(a) -- Arbitration agreement - Agreement to be in writing but not necessary that it should be signed by parties like any formal agreement relating to contract - Sufficient if terms reduced to writing and agreement of parties thereof established - Arbitration clause not included in agreement but agreement specifically saying that terms and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharer - Restraining co-sharer from raising construction - In the instant case plaintiff not claiming that he will suffer damages in case the defendant is not restrained from raising the construction - A co-sharer can raise construction over the area in his exclusive possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Lis pendense - There is no absolute right either to grant the injunction or to refuse the same on the ground of lis pendense - Consent decree challenged - Restraining defendant from selling property during pendency of suit - Defendants permitted to sell the property provided they take prior permission from the Court and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-owner - Restraining co-owner from raising construction and sell plots prior to partition by metes and bounds - Out of 4583 acres of undivided property plaintiff owns 230 acres and defendant 430 acres - No steps taken for partition - Filing of suit after an unreasonable delay is with an oblique motive - Huge amount spent..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issues as to ownership and undervaluation of property arising - Jurisdiction of trial Court likely to be affected - Enquiry into relevant facts necessary - Evidence may be common - Held, Court to decide all issues simultaneously and not in piecemeal...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- A party is to include the whole of the claim which he is entitled to lay in respect of a cause of action and in case he relinquishes any portion of the claim he cannot make the grievance of the same later on...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Want of pleading - No issue framed for determination by Court - No finding can be recorded by Court on issues not pleaded...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Suit for injunction filed before the cause of action arose for filing suit for specific performance - Second suit for specific performance not barred being against different cause of action - Provision of O.2.R.2 not attracted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction over the suit land - Joint property - Defendant already spent an amount of about Rs.50, 000 over the construction to a large extent - Trial Court rejected application but appellate Court granted injunction - Held, appellate Court not adverting to..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading and proof- No evidence can be looked in respect of plea not raised in pleadings...........
