Specific Relief Act, 1963, Section 14(2) -- Civil Suit for recovery of money - Existence of arbitration clause - Civil suit for recovery of money is barred on account of existence of an arbitration clause - However, there can be possibility that arbitration proceedings cannot be resorted to then it is only a Court which can decide civil suit and not the arbitration..........
Civil Procedure Code, 1908, Order 37 -- Summary suit for recovery - Maintainability - Suit by a lender for recovery of balance amount of money out of amounts lent to defendant - Amount claimed in suit would be the balance due at the foot of account after taking various repayments by defendant - Cause of action in plaint would not conclude with original/historical agreement..........
Court Fees Act, 1870, Section 7(iv)(A)(As -- Court fee - Suit for declaration that sale deed is null and void - Where suit is for or involving cancellation or adjudging/declaring null and void decree for money or an instrument, S.7(iv)(A) of Act is applicable and not Art.17(iii) of Court Fees Act, as said Article is applicable only when there is no provision elsewhere in..........
Arbitration and Conciliation Act, 1996, Section 9 -- Petition u/s 9 of Act - Leave to file - Jurisdiction of Court - Dispute as to possession of land - It would conceptually fall within the category of `suit for land' as engrafted u/clause 12 of Letters Patent (as applicable to Bombay High Court) - It is difficult to accept that it is money claim and therefore Bombay High..........
Agreement to sell -- Specific performance - Non-payment of balance sale consideration - Mere no, payment of balance sale consideration by purchaser, would not entitle seller to forfeit earnest money or to contend that agreement had become void/frustrated - Suit rightly decreed partly i.e alternative relief of earnest money along with 6% interest...........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Sale of property by attorney - Non payment of sale consideration to the principal - Agreement executed between attorney and principal, outside Court, for return of money - Suit for mandatory injunction to enforce the compromise agreement is maintainable - Court has discretion to grant mandatory..........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Sale of property by attorney - Non payment of sale consideration to the principal - Agreement executed between attorney and principal, outside Court, for return of money - Suit for mandatory injunction to enforce the compromise agreement is maintainable - A fresh cause of action accrues from the date..........
Limitation Act, 1963, Article 24 -- Money suit - Period of limitation begins to run from the date money was received...........
Limitation Act, 1963, Article 24 -- Money suit - For applicability of Art.24 of Act, facts should be such as to entitle the plaintiff to claim receipt of the money forthwith from defendant...........
Specific Relief Act, 1963, Section 19(b) -- Bonafide purchasers - Plaintiff entered into unregistered agreement to sell with defendants but failed to make the payment within stipulated period prescribed in agreement - Subsequent purchasers on the other hand purchased the suit property for value and have paid the money in good faith without notice of original contract -..........
