Agreement to sell -- Specific performance - Limitation - Date of performance fixed in agreement itself - As per Art.54 of Limitation Act, 1963 suit filed after a period of 9 years is clearly time barred...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - While reversing a finding of fact appellate court must come into close quarters with the reasons assigned by the trial court and then assign his own reasons for arriving at a different finding - When appellate court agrees with views of trial court on evidence, it need not restate effect of evidence or..........
Arbitration and Conciliation Act, 1996, Section 7(3) -- Arbitration agreement - Need not be signed though it needs to be in writing as per S.7(3) of the Act...........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - Unsigned agreement - Bill of lading - Respondent expressly agreed to be bound by arbitration clause despite the fact that it is a printed condition annexed to Bill of Lading - Moreover, respondent itself relied upon Bill of Lading as part of its cause of action to recover the sum in the suit filed..........
Agreement to sell -- Duty of licensed typist to maintain register - Though a typist is not required to maintain the register, however, once a typist is scribing documents, then such typist is performing the duties/functions of a professional scribe, hence, ought to have maintained a register which a licensed professional scribe is required to maintain - In present case,..........
Agreement to sell -- Execution of - Existence of agreement doubtful - Plaintiffs not in possession of agreement to sell when they visited office of Sub-Registrar to execute sale deed in pursuance to the agreement to sell - More so, they never pleaded in plaint that said agreement is lost - Rather loss of agreement to sell for first time reported only after directions..........
Agreement to sell -- Subsequent purchaser - Subsequent purchaser is entitled to defend the suit on the plea which has already been taken in pleadings by original owners...........
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..........
