Arbitration and Conciliation Act, 1996, Section 8 -- Permanent prohibitory injunction - Appointment of arbitrator - Once a plea of existence of arbitration clause is taken in the written statement and the defendant persists with the same and objects to the jurisdiction of the trial court to proceed ahead with the suit, then the judicial authority is left with no discretion..........
Registration Act, 1908, Section 17 -- Unregistered agreement to sell - Suit for specific performance - Recitals of agreement shows that possession of property not delivered to plaintiff and same will be delivered at the time of registration of property - Even otherwise, unregistered document may be received as evidence in a suit for specific performance and admissibility..........
Agreement to sell -- Suit property is agreed to be transferred upon payment of balance sale consideration under agreement of sale - Contention that agreement to sell has to be treated as bond, rejected, as when document mentions transfer of rights between parties same cannot be termed as bond...........
Will -- Suspicious circumstances - Execution of Will in favour of sons to the exclusion of daughters - Plaintiffs contended that testatrix was not competent to execute Will as she was bed ridden for 15 years prior to her death - However no evidence let alone any medical evidence has been led by plaintiffs in this regard - Reasons were duly given in Will by testatrix for..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application Court not considered three basic issues i.e. suit is barred by limitation, suit not disclosed cause of action and lastly on the basis of insufficient Court fee on the basis of improper valuation - Order rejecting application set aside - Matter remitted back to trial Court for..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Not maintainable at the instance of licensee after determination of license...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration and permanent injunction - State is owner of suit property - State is a necessary party represented by District Collector - Suit is bad for non-joinder of necessary and proper party...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff is only a licensee - Licence in favour of plaintiff does not create any right in the property - However, since plaintiff violated conditions of license and license period already expired, he is evicted from suit property long ago - Plaintiff thus, cannot maintain suit for..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that power of attorney and sale deed is null and void - Plaintiffs failed to exhibit so-called Power of Attorney, which was allegedly executed by plaintiff No.1 in favour of her husband/deceased - Plaintiffs also failed to prove that said Power of Attorney was forged one and on account of forged Power of..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Proposed parties are admittedly children of one of co-sharer of parties to suit - They are necessary parties - Proposed parties though not shown as respondents in petition, however, their names were indicated in petition with all details of their identity - It is a..........
