Arbitration and Conciliation Act, 1996, Section 8 -- Reference to arbitrator - Where there are serious allegations of fraud, they are to be treated as no, arbitrable and it is only civil Court which should decide such matters - However, where there are allegations of fraud simplicitor and such allegations are merely alleged, it may not be necessary to nullify the effect of..........
Arbitration and Conciliation Act, 1996, Section 8, 16 -- Reference to arbitrator - Allegations of criminal wrong doing or of statutory violation would not detract from jurisdiction of arbitral tribunal to resolve a dispute arising out of a civil or contractual relationship on the basis of jurisdiction conferred by arbitration agreement...........
Electricity Act, 1910, Section 51A, 23 -- Chandigarh Allotment of Land to Co-operative House Building Societies Scheme, 1991 - Tariff schedule has put responsibility of installation and maintenance of Transformer(s), Distribution Network including individual metering etc. on Co-operative Housing Building Societies - Perusal of allotment letter or Notification issued prior..........
Family settlement -- Unregistered agreement - An unregistered agreement can be treated as a family settlement only if it records past transaction and is complete in itself as regards the rights and liabilities...........
Family settlement -- Registration - Agreement intending to create right in presenti and same sans registration has no validity in the eye of law as a family settlement...........
Specific Relief Act, 1963, Section 28 -- Rescission of contract - Non-payment of balance sale consideration within prescribed period - Time for deposit of balance amount is already extended - Pursuant to such extension amount already deposited - Suit of plaintiff was decreed and defendants were directed to execute and register the sale deed in favour of plaintiff as per..........
Agreement to sell -- Specific performance - Readiness and willingness - Proof of availability of funds is an indispensable factor which needs to be demonstrated by person pleading so - Solvency of person cannot be equated with the willingness of the parties unless such solvency translates into reality as per provisions of S.16(c) of Specific Relief Act...........
Agreement to sell -- Specific performance - Readiness and willingness - Compliance of mandatory provision of S.16(c) Specific Relief Act is a condition precedent - Except pleading readiness and willingness, plaintiff did not make any attempt to substantiate its claim to perform his part by adducing any cogent and convincing evidence - In the absence of compliance of..........
Indian Penal Code, 1860, Section 467, 468, 471 -- Summoning order - Agreement to sell - Petitioner admits that agreement to sell which he executed with complainant was in the sum of Rs.2.22 lacs and property dealer `R' removed the second page of agreement to sell and replaced the same after forging complainant's signatures - Claim of complainant is fortified by what..........
Bank guarantee -- Invocation of bank guarantees - Restraining of - Admittedly, performance of sub-contract agreement has been delayed - Question whether ZIPL is responsible for delay or whether delay has been caused due to Alstom, is a question to be decided by Arbitral Tribunal as and when constituted - However, this dispute cannot be ground for restraining invocation of..........
