Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of sole arbitrator - Development agreement - Parties in development agreement agreed to refer all disputes under the 1996 Act - Though appellant/contractor registered under MSMED Act, but there is no provision for raising counter claims under said Act - It is thus, a fit case for appointment of arbitrator -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Subsequent purchaser - Impleadment in a suit for specific performance - Subsequent purchaser with notice of the previous agreement - He is a necessary party - To avoid multiplicity of proceedings and effectually adjudicate the matter in issue, he should be impleaded as a defendant...........
Bank locker -- Proper procedure for operating and allotting lockers be followed, viz. (a) maintenance of a locker register and locker key register; (b) Locker register shall be consistently updated in case of any change in allotment; (c) Bank shall notify the original locker holder prior to any changes in the allotment of the locker, and give them reasonable opportunity..........
Custody of child -- Habeas Corpus - Child is with his father since 2019 under his care and custody - It is not the case of either of party that child was forcibly taken away by father from custody of mother - Pleadings and material on record indicates the existence of a dispute with regard to handing over custody of child to mother, pursuant to some agreement between..........
Stamp Act, 1899, Section 33 -- Impounding of un-stamped and un-registered document - Development agreement - Obligation of paying registration fees and stamp duty is on Unitech - Unitech's claim to compensatory payment cannot be defeated on sole ground of payment of stamp duty - Development agreement shall have to be impounded and be presented to Chief Controlling Revenue..........
Allotment of land -- Development agreement executed between APIIC and Unitech - Breach of agreement - Refund of amount paid - APIIC made allotment of land subject to outcome of pending litigation - Unitech paid total purchase price not in dispute - Failure of title in erstwhile APPIIC and Government of A.P attained finality - Failure of title entitles Unitech to claim a..........
Evidence Act, 1872, Section 91, 92 -- Oral evidence - Written evidence sought to be excluded by oral evidence - Onus is on the person who wants to exclude such written evidence by oral evidence to adduce evidence sufficient to exclude the written evidence - In the instant case plaintiff has not produced sufficient evidence to establish that agreement was executed by..........
Civil Procedure Code, 1908, Section 80(2) -- Notice u/s 80(2) CPC - Suit for declaration against termination of lease agreement - Prayer made in suit as well as application U.O.39.Rr.1, 2 CPC would necessarily have to be decided by trial Court after issuing notice to defendants - Urgency as pleaded by plaintiff in plaint and in application U/s 80(2) CPC cannot be..........
Agreement to sell -- Specific performance - Readiness and willingness - Subsequent purchaser can challenge readiness and willingness on the part of plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Claim in suit based on an agreement executed through power of attorney holder - Court is not debarred from looking into power of attorney - It is open to Court to read terms of Power of Attorney alongwith plaint in the same manner as documents appended to the plaint, which form part of the plaint...........
