Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Wife sought transfer of suit filed by her mother-in-law against husband seeking declaration of right over property which was agreed to be sold vide agreement arrived at between husband and wife in meditation - Said agreement entered into between parties in a suit filed by wife seeking recovery of gold..........
Arbitration and Conciliation Act, 1996, Section 29A(4) -- Arbitral award - Extension of time for making of award - COVID pandemic had commenced even before the expiry of permissible time of 12 months for seeking extension, from the completion of pleadings - Court excluded the period between 15.03.2020 to 28.02.2023 in view of Re: Cognizance for Extension of Limitation case..........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Agreement of sale - Entire sale consideration was received by defendant under agreement to sell and plaintiff was permitted to enjoy the scheduled property with absolute rights along with obligation to pay taxes pertaining to land makes it explicit that document in question has all the trappings of sale - Mere..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Evidence on record shows that there is acceptance of demanded bribe by petitioner via co-accused - Agreement between two to do some illegal act is prima facie there - It would be subject matter of trial whether only direct acceptance would constitute the..........
Agreement to sell -- Specific performance - Ready and willing - Earnest money paid - Additional sum above the earnest money also paid on the same day - It shows the readiness and willingness of plaintiff to perform the contract...........
Agreement to sell -- Specific performance - Ready and willing - It is not essential for plaintiff to tender money to defendant, where contract involves the payment of money, unless directed by Court...........
Agreement to sell -- Suit for specific performance - Limitation - As per agreement time not fixed for execution of sale agreement - Limitation is thus governed by second part of Art.54 of Limitation Act - Limitation of three years starts to run when plaintiff has notice that performance has been refused...........
Agreement to sell -- Suit for specific performance - Ready and willing - Specific performance cannot be enforced in favour of the person who fails to prove that he is ready and willing to perform the essential terms of the contract which are to be performed by him, other than the terms which are prevented or waived by the defendant...........
Agreement to sell -- Specific performance - Plaintiff already paid 75% of the sale consideration - If the plaintiff was unwilling to perform the contract, he would not have paid such an amount - Plaintiff with the payment of additional sum above the earnest money, has proved his readiness and willingness to perform the contract - Relief of specific performance rightly..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Scope of inquiry u/s 11 of the Act is limited to ascertaining the prima facie existence of an arbitration agreement...........
