Indian Contract Act, 1872, Section 28 -- Jurisdiction - Parties cannot by contract exclude jurisdiction of all Courts - Such a contract would constitute an agreement in restraint of legal proceedings and contravene S.28 of Contract Act - However, where parties to a contract confer jurisdiction on one amongst multiple Courts having proper jurisdiction to exclusion of all..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Private agreement conferring exclusive jurisdiction on Courts at Chennai - Mere fact that Madras High Court is capable of granting adequate relief to appellant does not create a legal bar on Bombay High Court exercising its writ jurisdiction - Bombay High Court failed to examine case holistically and make a..........
Income Tax Act, 1961, Section 261UD(1), Rajasthan Urban Improvement Act, 1959, Section 74(1), 73A, Rajasthan Urban Areas (Sub-Division Reconstitution and Improvements of plots) Rules, 1975, Rule 11 -- Appeal - Against pre-emptive purchase order - High Court directed entitlement of purchaser for refund of amount paid to vendor together @ 6% p.a. - As per Court below fair..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of child - Petition by husband - Remarriage of wife - Plea of husband that at the time of obtaining decree of divorce by mutual consent it had been mutually agreed upon by both the parties that in eventuality of wife remarrying, husband would be entitled to seek custody of minor child - However, said fact is..........
Agreement to sell -- Specific performance - Agreement for sale entered into by plaintiff through her son/power of attorney - Defendants could accept the sale consideration but they disputed the authority of power of attorney - Power of attorney appeared in office of Sub Registrar for execution of sale deed but defendants did not turned up - Date of execution of sale as..........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Stay beyond period provided in the lease agreement - Defendant is liable to pay mesne profits - No evidence led to measure damages that can be awarded as mesne profits - Held, plaintiff is entitled to mesne profits of 15% per annum over the last paid rent - Plaintiff is also entitled to pendente lite and future..........
Registration Act, 1908, Section 60, 62 -- Certificate of registration - Registered agreement for sale - There is presumption which attaches to correctness of endorsement made on document by Registrar`s office - Thus, it cannot be said that defendant was ignorant about contents of agreement when it was executed...........
Registration Act, 1908, Section 60, 62 -- Certificate of registration - Registered agreement for sale - Sale of flat - Defendant agreed to sell his flat to plaintiffs - Plaintiffs paid entire consideration agreed between parties as per agreement for sale - There is certificate by registering authority in terms of S.62 of the Act - Plaintiffs thus, cannot be deprived of..........
Partnership Act, 1932, Section 69(1) -- Un-registered partnership firm - Once there is an agreement of partnership, unless it is registered, no suit can be maintained by the partners for enforcing any right accruing from such agreement...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with a condition to re-purchase - If sale and agreement to re-purchase embodied in separate documents, then transactions cannot be a mortgage by conditional sale irrespective of whether documents are contemporaneously executed...........
