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Showing posts from June, 2022
The arbitrator could not pass an award without taking the evidence of one of the parties on record - It amounts to violation of natural justice.
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If the arbitration agreement mandates pre-arbitral conciliation, then the parties cannot circumvent the conciliation process and directly approach the court for appointment of an arbitrator.
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power under Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act) cannot be exercised for directing specific performance of the contract itself
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S. 5 of the Limitation Act is not applicable to condone the delay beyond the period prescribed under S. 34(3).
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Complaint - Filed before expiry of 15 days from date on which notice has been served on drawer/accused - Is no complaint in eye of law - No cognizance of offence can be taken on basis of such complaint
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Cheque rejected due to expiry of Non-CTS session and no question of returning Cheque for reason of Insufficient funds
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grant of adjournments sought on drop of a hat by counsel even though witness is present in the Court, contrary to 4 principles of holding trial
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suit by Unregistered Partnership - suit for enforce right of respondent as a partner arising out of contract of partnership against other partner maintenable.
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Draft sale deed was not served on judgement debtor - without complying rule 34 (2) and (3) of order 21 learned judge erroneously executed the sale deed in favour of the degree holder - order set aside.
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Suit for redemption of mortgage - lessee of a mortgagee is not a necessary party to a suit for redemption.
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Draft sale deed was not served on judgement debtor - without complying rule 34 (2) and (3) of order 21 learned judge erroneously executed the sale deed in favour of the degree holder - order set aside.
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Preferential right given to an heir of a Hindu under Section 22 of the Act is applicable even if the property inquestion is an agricultural land.
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Suit for prohibitory and mandatory injunction - Not required to be valued at market value of property - Merely because subject matter of litigation involves immovable property, market value would not become decisive of suit valuation
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A and B have property jointly - A and B' s husband executed sale Agreement with C - C is entitled to specific performance of A's 1/2 share.
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Accepted the execution as a nominal sale agreement executed in connection with the loan transaction she is entitled to give evidence against this document - Non examination of attestors to the sale agreement - Only loan transaction.
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Suit for partition suit filed by two daughters 31 years after the demise of their father - plaintiffs ousted and with knowledge the defendants their were in enjoyment of the property - Already Partition took place in 1991 between father and son - Partition suit by daughter dismissed.
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Partition suit by sister - Father executed settlement deed in favour of son 1/2 share in whole property excluding daughter - father did not have right to execute settlement deed for half share in suit property - Daughter Married in 1977 is no significant - daughter entitled to partition.
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Cancellation of deed - fraud could not be presumed solely on ground that signaturey was Pardanashin women - failed to prove fraud.
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sale certificate was presented before registrar not for registration - only for purpose of filing it in registrar office as contemplated under section 89 - stamp duty not attract.
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Release deed in favour of elder brother - Executed in his individual capacity - not in body of family - brother can't claim half share on it
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children born from window's first marriage can inherit property of her second husband.
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Courts Should Allow Parties To Let In Oral And Documentary Evidence In Guardianship Matters
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The Court where an application under Section 9 and/or Section 34 has been filed would have the jurisdiction to entertain an application for enforcement of the arbitral award.
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Undivided share of Managing Director alone to be proceeded with- However, no attachment to be made with respect to undivided share of Petitioner.
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Requirement of pre-deposit thereunder is not mandatory and the Court would be empowered to waive, either partially or completely,
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Power of Attomey executed outside India is in compliance with Section 14 of the Indian Notaries Act - Foreign country could be given legal recognition by Courts and Authorities in India Notification under Section 14, held, not mandatory.
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Non-payment of balance consideration with stipulated time does not amount to abandonment of Contract - Order of Rescission of Contract not maintenable - Appellate court can consider all the grounds.
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Legal Heirship Certificate issued by the Tahsildar has no effect on the legal right of any party which was conferred to him/her under the personal laws
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Person seeking protection under Section 9 should satisfy conditions viz., (a) He should be tenant in possession of land, (b) ch tenant should have erected superstructure on land in respect of which tenant would be entitled to claim compensation under Section 3, (c) Landlord should have taken suit or oceeding against such tenant, (d) Tenant should have applied to Court for direction in that regard within one month from date of service of summons
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Tenants who are in actual physical possession alone can daim protection under Tenants Protection Act Tenant has not demarcated portion in his occupation and major area of superstructure is in possession of sub tenants Tenant not entitled protection.
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Application to Court for directing Landlord to sell land - to invoke Section 9, Tenant has to fulfill 4 conditions namely: (1) He must be in possession of land, (2) Such Tenant should have erected superstructure on land in respect of which Tenant would be entitled to Compensation under Section 3 of Act, (3) Landlord should have filed Suit against Tenant for eviction/recovery of possession, (4) Tenant should have applied to Court for direction under Section 9 within 1 month from date of receiving summons
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Application to set aside exparte order cannot be filed that too with inordinate delay of 5114 days
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Appellants liable to pay contractual rate of interest at 24% p.a., from the date of mortgage till the date of filing of the suit
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partition before 2004 sister cannot claim partition in the property
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unilateral cancellation of settlement deed is void
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unregistered agreement of sale could be marked as evidence could be taken as a preliminary issue
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Gift Deed Not Effective When Possession Not Handed Over; Can Be Cancelled
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Court Can Pass An Order Of Interim Measures Under Section 9 Of The A&C Act Against A Third Party
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Amendment of description of property - Decree holder at execution stage filing petition for amending street name in schedule to plaint-Such amendment does not change cause of action - Amendment if ordered would tally with the property belonging to judgment debtor-Judgment debtor cannot be allowed to defeat decree in ground
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Amendment - seeking to indude prayer for attachment of the property beyond 12 years from the date of decree-Limitation is only for filing of execution petition and no period of limitation is contemplated for attachment - Such amendment is not time barred
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