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 -..........
Indian Penal Code, 1860, Section 420, 415 -- Cheating - Breach of terms of agreement - No allegations as to deception or dishonest intention - Also there is no allegation that complainant as a consequence induced to deliver any property or to consent that any person shall retain any property or that he was deceived to do or omit to do anything which he would have not done..........
Agreement to sell -- Refund of advance amount - Suspicious circumstances and doubtful situations raised by both the parties - Sufficient reasons for not granting relief of specific performance - Order directing refund of advance amount with adequate interest rate, upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agreement to sell, power of attorney and sale deed whether forged and fabricated documents - Such disputed questions of fact can be decided on basis of evidence to be led by parties - Forgery pleaded cannot be a ground for rejection of plaint...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Agreement to sell entered into in between the parties in the year 2016 - Complainant failed to make entire payment towards purchase of bungalow to appellant in accordance with terms of contract - Almost 16 years have elapsed since parties entered into contract - It would be too much at this point of time to..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Respondent failed to appoint arbitrator as per agreed procedure and in terms of the agreement - Respondent thus forfeited its right to appoint an arbitrator - Thereafter arbitrator has to be appointed u/s 11(6) of the Act...........
Arbitration and Conciliation Act, 1996, Section 11(6), 7 -- Appointment of arbitrator - No arbitration agreement in between parties - However counsel of both the parties did not dispute the fact that clause 15 of the Contract agreement and clause 5 of policy decision provide for appointment of an arbitrator - Arbitrator appointed on an understanding of counsel which in any..........
Arbitration and Conciliation Act, 1996, Section 11(6), 7 -- Appointment of arbitrator - No arbitration agreement between parties agreeing to refer either present or future disputes to arbitration - Clause 15 of contract agreement is a dispute resolution mechanism at Company level rather than an arbitration agreement - Even in clause 5 of communication between parties there..........
Arbitration and Conciliation Act, 1996, Section 11(6), 42 -- Appointment of arbitrator - Territorial jurisdiction - Respondent before filing an application u/s 11(6) of the Act moved an application u/s 9 of the Act before Court at Visakhapatnam - In that view of matter considering S.42 of the Act, High Court of AP alone would have jurisdiction to decide subsequent..........
