Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Work contract - "No Dues/No Claim Certificate" issued by contractee on receiving full amount of final bills - Contractee after a gap of one month withdrew "No Dues/No Claim Certificate" on the grounds of coercion and duress - No evidence on record that said certificate was issued under..........
Agreement to sell -- Specific performance - Plea that suit is not maintainable in absence of seeking declaration of cancellation/termination of contract as agreement stood cancelled as plaintiff failed to perform his part of contract - Held, plea is not tenable when it is not plaintiff but defendants, who have failed to perform their part of the contract...........
Agreement to sell -- Specific performance - Plea that suit is not maintainable without seeking declaration of cancellation/termination of contract - Plea not tenable in absence of such a pleading - Had the defendants taken this objection at the first instance, while filing written statement, plaintiff would get an opportunity to amend the plaint and challenge the..........
Agreement to sell -- Specific performance - Readiness and willingness - Refund of earnest money - Non deposit of balance of sale consideration in Court by plaintiff - It is not essential for plaintiff to tender money or deposit the same into Court but it is for plaintiff to show that he is having financial capacity at all relevant times to raise balance sale consideration..........
Service -- Regularization of service - Post of Technical Assistant (ENT) - Petitioner appointed on a contractual basis - No material brought on record to show that petitioner had any statutory or other right to have his contract extended beyond the fixed period - Even, nothing on record to indicate that appointment of petitioner was made in accordance with any regular..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - On basis of `oral' and not `written' contract - Suit not maintainable in summary form...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - In order to consider the question whether leave to defend should be granted or not, the suit should be based on "written" contract...........
Agreement to sell -- Specific performance - Suit for possession - Counter claim of specific Performance - Readiness and willingness - Agreement execute in 1974 - No endeavour on part of defendants to have agreement performed till filing of counter claim regarding specific performance in 1985 - No evidence on record that defendants had at any time approached plaintiff..........
Indian Penal Code, 1860, Section 420, 409, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Breach of contract - Case involving a simple dispute of breach of contract - No offence made out from the case set up by complainant in FIR - FIR and all consequential proceedings quashed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Third party or a stranger to contract cannot be added as party to suit so as to convert a suit of one character into suit of different character, as they are not necessary parties...........
