Arbitration and Conciliation Act, 1996, Section 48 -- Foreign arbitral award - Enforcement - Foreign arbitration award is enforceable against non-signatories to arbitration agreement...........
Arbitration and Conciliation Act, 1996, Section 44, 48 -- Foreign arbitral award - Enforcement - Challenge on ground that damages were given in tort by Arbitrator, would be outside scope of arbitration agreement - Tort claims may be decided by an arbitrator provided they are disputes that arise in connection with the agreement...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a third party - Eviction suit - In a suit between landlord and tenant, third person who alleges to have an agreement to sell in his/her favour cannot be impleaded as a party especially where basis of agreement is hit by provisions of law...........
Indian Contract Act, 1872, Section 28 -- Lawful agreement to refer the matter to arbitration can be made a condition precedent before going to Courts and it does not violate S.28 of the Act...........
Agreement to sell -- Suit for specific performance - Readiness and willingness - Plaintiff found to be ready but found not willing to perform his part of the contract - Plaintiff has to prove both readiness and willingness - Once it is found that there was no willingness on the part of plaintiff he is not entitled to the decree for specific performance...........
Agreement to sell -- Suit for specific performance - Absence of pleading in the plaint that plaintiff is ready and willing to perform his part of the contract - High Court on the basis of affidavit filed in first appeal, that plaintiff is ready and willing to perform his part of the contract, decreed the suit - Held, procedure adopted by High Court to straightaway rely..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Accused had never entered into any agreement with complainant nor did he issue any cheques in favour of complainant - Even, DW2 in his cross-examination has stated that for running business of accused there is no necessity of tipper or dogger - Moreover, service of demand..........
Transfer of Property Act, 1882, Section 54, Indian Contract Act, 1872, Section 25 -- Sale deed - Consideration - An agreement without consideration is void but if a document is registered on account of natural love and affection between parties standing in a near relation to each other, then such agreement is not void...........
Evidence Act, 1872, Section 92 -- Sale deed - Oral evidence - Sale deed is required to be registered i.e. a document required by law to be reduced to the form of a document - Therefore, no evidence of any oral agreement or statement shall be admitted for the purpose of contradicting, varying, adding or subtracting from its terms...........
Transfer of Property Act, 1882, Section 53A -- Entitlement to retain possession u/s 53-A of the Act - Agreement to sell - Once a party loses his right under agreement by dismissal of suit for specific performance, it would be inconsistent and incompatible with his right to remain in possession under the agreement...........
