Arbitration – Jurisdiction – Exclusive Forum Clause – Validity – Purchase orders and agreements between the Rajasthan State Electricity Board (appellant) and the respondent contained clauses stipulating that all disputes shall be subject to jurisdiction of courts at Jaipur only – Respondent nevertheless filed petition under Section 20 of the Arbitration Act, 1940 befo...
Income Tax – Accrual of Income – Mercantile System – Reduction of Commission – Assessee-firm, managing agents of two shipping companies, originally entitled to 10% freight commission, agreed during the accounting year to reduce commission to 2½% – Entries showing full commission made in books but reduced commission accepted before close of year – Held: Me...
Arbitration Law – Jurisdiction of Arbitrators – Dispute as to Status of Party – Arbitration Clause Wide – Award Upheld – The appellants, described as “brokers” in sold/bought notes for jute, invoked arbitration on respondents’ default – Respondents objected that appellants were mere brokers and not principals, hence not parties to arbitration a...
Execution Limitation – Fraud and twin regimes – CPC Sect. 48(2) vs Limitation Act Sect. 18 – Decree-holder proved judgment-debtor’s fraudulent concealment of ownership of “Prabhat” newspaper – Held: Fraud attracted CPC Sect.48(2) giving a fresh 12-year window for execution from the fraud period – However, Limitation Act bar under Art. 182 still appli...
Registration – Compromise Decree – Lease / Agreement to Lease – Section 17(1)(d) & 17(2)(vi) – Decree Not Requiring Registration – Suit compromised in 1923 adjusting prior pattas: royalty to Singhs reduced and minimum lowered – Deoshis to pay enhanced royalty to Singhs and hold 500 bighas under them – Entire arrangement conditional on Singhs paying Rs....
Family Law - Hindu Succession – Proof of Daughtership – Oral vs Documentary Evidence – Finding of Natural Daughtership Upheld – Plaintiffs (alleged reversioners) disputed that Binodini was the natural daughter of Govind Ballab; Trial Court leaned on loose “account sheets” and almanac entries to negate daughtership; High Court preferred credible oral evidence (in...
Specific Performance – Consent of Lessor – Whether Agreement Contingent – Agreement Not Contingent – Parties concluded a binding contract by correspondence; obligation to obtain lessor’s consent was a substantive term cast on defendant, not a condition precedent to formation of contract – Specific performance rightly decreed notwithstanding absence of prior cons...
Limitation – Execution of Decree – Article 182(3), Limitation Act, 1908 – “Review” must be undertaken and decided – Application under Section 36, Bengal Money-Lenders Act dismissed for default – No review “undertaken” or “decision passed on the review” – Time not extended – Held: Art. 182(3) inapplicable [Paras 3-4].
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Civil Law - Agency – Scope of Authority – Commission Note – Authority to Conclude Sale – Construed broadly – The commission note authorised the broker to “negotiate the sale” and “secure a buyer” with stipulations of title being free of encumbrances and good title – Held: Such language implied authority to conclude a binding contract of s...
Civil Law - Transfer of Property – Part Performance – Section 53-A TPA – Unregistered lease agreement – Defence upheld – A permanent lease was negotiated between the Talukdari Settlement Officer (with Government sanction) and the predecessor of the defendant; though no formal registered lease was executed, the offer and acceptance were in writings signed by the partie...