Commercial Courts Act, 2015, Section 2(1)(c)(vii) -- Commercial dispute - Agreement between parties was exclusively for the business operation and management of Hotel and Hotel was actually being used for trade and commerce, which would make any dispute arising out of said agreement fall within the definition of a commercial dispute...........
Agreement to sell -- Specific performance - Readiness and willingness - Evidence by Power of attorney holder - Plaintiff cannot examine in his place, his attorney holder who did not have personal knowledge either of the transaction or of his readiness and willingness...........
Agreement to sell -- Specific performance - Readiness and willingness - Evidence by Power of attorney holder - Plaintiff cannot examine in his place, his attorney holder who did not have personal knowledge either of the transaction or of his readiness and willingness...........
Agreement to sell -- Specific performance - Agreement with only one of the co-owners - Suit filed on the last day of limitation inspite of having knowledge of sale deed executed in favour of defendant Nos.12 to 14 - Suit having been preferred after a long delay, plaintiff is not entitled for specific performance - Dismissal of suit by High Court, upheld...........
Agreement to sell -- Specific performance - Agreement with only one of the co-owners - Suit filed on the last day of limitation inspite of having knowledge of sale deed executed in favour of defendant Nos.12 to 14 - Suit having been preferred after a long delay, plaintiff is not entitled for specific performance - Dismissal of suit by High Court, upheld...........
Indian Penal Code, 1860, Section 498A, 506, 34 -- Offence u/ss 498-A, 506, 34 IPC - Plea of divorce by agreement - A Notary cannot grant divorce by executing the agreement of separation - As agreement of separation has no sanctity in the eye of law, therefore, it cannot be said that any divorce has taken place between the parties - Even otherwise, if any divorce has taken..........
Indian Penal Code, 1860, Section 498A, 506, 34, Indian Contract Act, 1872, Section 28 -- Offence u/ss 498-A, 506, 34 IPC - Plea of divorce by agreement - Parties are not Muslim by religion, therefore there cannot be any divorce by mutual consent without approaching Court - Any contract which prohibits a party from taking legal action is a void contract...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Settlement before Mediator - As per settlement husband has withdrawn his matrimonial case and also paid a significant amount to wife - Wife thereafter resiled from the agreement - Marriage has broken down irrevocably - Marriage between parties dissolved...........
Agreement to sell -- Specific performance - Plaintiffs have proved due execution of agreement to sell - Defendants on the other hand could not probablize their defence that agreement to sell was loan document and not the agreement to sell - Defendant nos. 2 and 4 have taken self contradictory stand in their written statement - Loan transaction as alleged by defendant not..........
Registration Act, 1908, Section 17, 49Proviso -- Unregistered agreement to sell - Suit for specific performance - Agreement to sell though unregistered can be accepted in evidence for collateral purpose in a suit for specific performance...........
