Stamp Act, 1899, Article 47A -- Stamp duty - Agreement to sell - Agreement containing a specific recital of delivery of possession or indicating delivery of possession even in past, is liable for stamp duty as a sale u/art 47-A Explanation of the Act - However, if there is no such recital of delivery of possession in the agreement, it is not liable for stamp duty...........
Agreement to sell -- Sale deed or agreement to sell - Total sale consideration not paid and it was agreed to be paid later on - It is an agreement to sell...........
Agreement to sell -- Specific performance - Unregistered and insufficiently stamped - Document impounded and penalty paid - Plaintiff allowed to produce and exhibit the document...........
Arbitration and Conciliation Act, 1996, Section 11(5), 11(9) -- Appointment of sole arbitrator - Dispute as to `Buyers agreement' - Dispute arises in relation to agreement between parties and said dispute could be resolved only by arbitration - Incidental questions arising in between parties can only examined by arbitrator - Moreover, when arbitration agreement exists..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Pre-mature application - Clause 63 of Agreement between parties allowing 60 days time to Railways to respond to the demand of contractor for arbitration by sending a panel - However, respondent contractor without waiting for the said 60 days filed application u/s 11 of the Act - Application..........
Land Acquisition Act, 1894, Section 11 -- Acquisition of land - Consent award - Claim of interest by landowner - Agreed compensation amount accepted by parties without any protest with a clear stipulation not to claim any additional amount - It is deemed that compensation reflected in consent award has taken into account all relevant factors including interest till date of..........
Agreement to sell -- Specific performance - Condition of `NOC' - Not necessary in a suit for specific performance...........
Evidence Act, 1872, Section 92 -- Oral agreement - When there is written contract, oral understanding between parties, is not acceptable...........
Indian Contract Act, 1872, Section 10 -- Contract - Evasion of stamp duty and registration fee - Contract itself providing for execution of sale deed in accordance with law - Agreement cannot be said to evade stamp duty or registration fee...........
Adverse possession -- Possession delivered in pursuance of agreement to sell - Possession is permissive - Defendant cannot claim that his possession is adverse and he has perfected his title by way of adverse possession. (Limitation Act, 1963, Art.65)...........
