Arbitration and Conciliation Act, 1996, Section 11, 7 -- Arbitrator - Arbitration agreement - Three recitals in the agreement strongly point towards an unambiguous intention of parties to refer their dispute to arbitration, viz; (i) mandatory nature of reference to arbitration by using the term "shall be referred to arbitration of a Sole Arbitrator mutually appointed,..........
Specific Relief Act, 1963, Section 20, Indian Contract Act, 1872, Section 18, 19 -- Agreement to sell - Suit for specific performance - Document obtained by misrepresentation is voidable and has to be set aside - Failure to do would render decree of specific performance on basis of oral agreement to sell will be null and void and non est...........
Agreement to sell -- Oral - Specific performance - Bona fide purchaser - Vendor sold property prior to oral agreement to sell - Purchaser would be a bona fide purchaser...........
Tender -- Termination of concession agreement - Disqualification/ineligibility for purpose of participating in any other tender issued by public authorities - Concession agreement between parties was terminated by authority - However, issue of termination of concession agreement is subject matter of dispute pending before Arbitral Tribunal - Petitioner has undertaken not..........
Consent decree -- Joint family property - Consent decree passed inter se defendants and their family members are basically agreement arrived at between parties with seal of Court superimposed - Once plaintiff becomes owner to the extent of his share as Class I heir, such decrees would not affect her rights...........
Agreement to sell -- Specific performance - Readiness and willingness - Purchaser did not voluntarily adhere to time stipulation under the contract - Purchaser thus, was not ready and willing to perform his part of contract within time stipulated - Specific performance cannot be granted to purchaser for entire contract...........
Agreement to sell -- Specific performance - Contract was breached due to conduct of purchaser who was not willing to perform contract after entering into a time sensitive agreement - Claim of purchaser is thus, hit by delay and latches on their part as they did not take appropriate measures within stipulated time and filing of suit was delayed by almost five years -..........
Agreement to sell -- Specific performance - Defendant came with a false case of fraud and that transaction was a loan, which he could not prove - Defendant when does not come with clean hands and suppresses material facts, discretion should not be exercised against specific performance...........
Agreement to sell -- Specific performance - Plea of hardship - Defendant has a total of 30 bighas of agricultural land located in more than one village - It is not the defendant's case that in the event of specific performance being granted, he would become landless or that his livelihood would be effaced - If a decree of specific performance is passed, defendant would..........
Agreement to sell -- Specific performance - Mere fact that defendant has made a bad bargain is no ground to refuse specific performance...........
