Agreement to sell -- Execution - In absence of original agreement to sell, merely on oral evidence of witnesses, execution of agreement to sell and payment of earnest money cannot be said to have been proved particularly when defendants took the plea that agreement to sell is forged and fabricated...........
Consumer Protection Act, 1986, Section 23 -- Allotment of flat - Delay in handing over possession - Compensation/interest - Agreement provided for delivery of possession by 31.10.2013 - Delay occurred because of various legal impediments in timely completion of project - Builder held, liable to pay interest to purchaser by way of compensation - Delay ought to be computed..........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Interest - In international commercial arbitration, in absence of an agreement between parties on interest, rate of interest awarded would be governed by seat of arbitration - Rate of interest awarded must correspond to the currency in which award is given and must be in conformity with the laws in..........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Rate of interest - Award of interest for pre-reference and pendente lite period is subject to agreement between parties - However, in the absence of agreement between parties, Tribunal has discretion to award interest as it deems reasonable...........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Rate of interest - Post award period - Interest on post award period is not subject to agreement between parties - Statutory rate of interest is 2% higher than current rate of interest prevalent on date of award...........
Specific Relief Act, 1963, Section 14(3)(c) -- Development agreement - Specific performance - Courts do not normally order specific performance of a contract to build or repair - But this rule is subject to exceptions and a decree for specific performance of a contract to build will be made only upon meeting requirements under laws...........
Specific Relief Act, 1963, Section 14(3)(c) -- Development agreement - Specific performance - Analysis of decided cases for grant of specific performance in case of development agreement are : (i) Courts do not normally order specific performance of a contract to build or repair - But this rule is subject to important exceptions, and a decree for specific performance of a..........
Specific Relief Act, 1963, Section 14(3)(c)(i) -- Development agreement - Specific performance - Parties not clearly defined the nature of material to be used, requirement of quality, structure of building, size of flats and obligations of owner after plan is sanctioned - Exact amount of remuneration payable by owner to contractor not found in agreement - Agreement between..........
Specific Relief Act, 1963, Section 14(3)(c)(ii) -- Development agreement - Specific performance - Case of developer/plaintiff is that he incurred an expenditure towards clearing outstanding dues, security deposit and development, incidental and miscellaneous expenses - Alleged losses/damages incurred by plaintiff can be quantified - Plaintiff can be provided recompense for..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - When an agreement is entered into by wife and husband, as a part of compromise filed in the Court or otherwise, whereby wife relinquishes or waives right to claim maintenance in future from the husband, for herself or for the minor children, such an agreement is opposed to public policy and it does not preclude..........