Agreement to sell -- Specific performance - Ready and willing - Plaintiffs paid major part of sale consideration amount and notice issued by plaintiffs to defendant shows their readiness and willingness - Relief of specific performance rightly granted to plaintiffs...........
Agreement to sell -- Specific performance - Time essence of contract - If defendants contend that time was essence of contract, burden was on them to establish the same...........
Evidence Act, 1872, Section 92 -- Oral evidence to contradict the contents of document - Agreement to sell - Defendant contended that consideration was Rs.60 lakhs - However, agreement of sale states that total sale consideration was Rs.19,25,000 - It is inconsistent with the terms of the agreement - Contention of defendant rejected...........
Arbitration and Conciliation Act, 1996, Section 31(7)(b) -- Arbitral award - Post award interest - Agreement between parties has no bearing - S.31(7)(b) does not give parties right to "contract out" interest for the post-award period - Expression `unless the award otherwise directs' in S.31(7)(b) of the Act relates to rate of interest and not entitlement of interest...........
Agreement to sell -- Suit for specific performance - Suit filed on the last day of limitation - Plaintiff is not entitled to relief of specific performance...........
Agreement to sell -- Suit for specific performance - Petty amount of approximately 14% of total sale consideration was paid - Even additional amount of Rs.5 lakh agreed to be paid by plaintiff while extending the time for execution was not paid - Prices of suit property in the last approximately 20 years have increased phenomenally and in these circumstances, it will not..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of lease - Lease agreement executed between parties in respect of portion of tenanted premises which categorically stated that lease was a month to month lease - Subsequently, further portion of property was given on lease under oral agreement - Neither there is any pleading nor any evidence that terms of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Agreement to sale does not create any right in the subject matter of suit property unless specific performance of contract is allowed in favour of proposed purchaser - Claim of such person for injunction over suit property is without any basis - Moreover, when..........
Arbitration and Conciliation Act, 1996, Section 7, 8 -- Arbitration agreement - Impleadment of non-signatory to agreement - At the referral stage, referral Court should leave it for Arbitral Tribunal to decide whether non-signatory is bound by arbitration agreement...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Requirement of prima facie existence of an arbitration agreement as stipulated u/s 11 of the Act is satisfied - Former Chief Justice of High Court of Judicature at Bombay appointed as sole arbitrator...........
