Arbitration and Conciliation Act, 1996, Section 31(7)(a) -- Arbitral award - Interest pendente lite - Arbitrator/arbitral Tribunal can award pendente lite interest if there is no specific bar under the contract...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has to prove the same and mere denial of agreement by defendant would not relieve him of his such statutory obligation...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant was well within his right to raise plea of readiness and willingness against plaintiff despite having denied execution of the agreement...........
Agreement to sell -- Specific performance - Plea of novation - Once the agreement became non-effective on account of unilateral material alterations carried out therein, plea of novation thereof may not be required to be dealt with...........
Agreement to sell -- Specific performance - Execution of agreement in question was doubtful - Even payments as alleged by plaintiff not proved - Suit dismissed...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for specific performance - Mere mis description of property in the decree will not make decree inexecutable - Moreover, description of boundary does not affect the decree, since DH has already purchased the property to the extent of 4/5th share - Objections dismissed...........
Specific Relief Act, 1963, Section 28 -- Decree of specific performance - Recession of contract - Direction issued to JD to execute the sale deed within two months - DH was bound to make payment at any time within period of two months if JD had so approached to him with an offer of execution of sale - However, no direction issued to DH to deposit money with Court to make..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Averments made with regard to cruelty are vague and baseless without any factual foundation - Husband in order to prove his plea of dissolution of marriage is required to state specific instances of cruelty with precision in the plea - Mere ordinary wear and tear of marriage life does..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of transferee purchaser and amendment of plaint - Suit for specific performance - Suit land was firstly transferred by vendors to defendant `H' and during pendency of suit defendant `H' further transferred the same to third party - Though third party to agreement to..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Main accused already acquitted - Present accused is charged in specific only under charge of sharing common intention for attempt to murder - No material on record that accused was already having knowledge that main accused is keeping knife in his pocket that too for purpose of causing murder of injured -..........