Agriculturist Issue Agricultural Lands

2009 (1) Kar LJ 547 : Question as to whether the intending purchases is an agriculturist or not is not at all a relevant consideration for consideration in a suit for specific performance of the agreement to sell agricultural lands.


MANU/KA/0257/2007:  No bar on maintainability of the suit and the permission can be obtained by filing the proper application after the decree (for specific performance) is granted.

Suit for Land : Specific Performance

AIR 1960 Cal 626

2001 (7) SCC 698

Suit for specific performance of an agreement to sell is not a suit for land in terms of Clause 12 of the Letters Patent



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AIR 2004 Mad 54: A suit seeking  final decree for recovery of money and only when there is default, a final decree may ensue permitting recourse to the land in satisfaction of the money claim is not a suit for land.




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Wimco Limited v. Matoshree Shelters Private Ltd., MANU/MH/0834/2009

To find out territorial jurisdiction the court is required to consider the averments and prayers made in the Plaint.


An incidental prayer for possession where the suit is essentially for declaration does not make the suit, ' a suit for land'.  

oppression and mismanagement 397 / 398 and arbitration

Remedy circumscribed by 397/398 cannot be a subject of arbitration


OP Gupta v. Shiv General Finance Ltd, 1977 (47) Comp Cas 279 (Delhi)

Merely because there is an article in the articles of association of the company to the effect that any dispute between the company on the one hand and its members ofn the other will be referred to arbitration, the court will not stay a petition under Section 397/398.

The provisions of sections 397/398 and of sections 434 give exclusive jurisdiction to the court and the matters dealt with thereby cannot be referred to arbitration.

See also: 

 Smt. Sudershan Chopra v. CLB, 2004  (54?) Comp Cas 429 (P&H)

Stamp Duty at Interim Stage

Stamp Duty to be considered at interim stage: KB Jayaram v. Navineethamma, AIR 2003 Kant 241 "court should first require payment of stamp duty and penalty thereon before granting injunction ..."




Stamp Duty not a relevant consideration at interim stage:


Marine Containers, 2002 (104) 1 Bom LR 273
M. Muniswamy v. NPK Mudaliar, ILR 2007 Kar 3271
[Deshmukh Judgement, Bombay High Court]

Winding up & Employment Due

Employment dues are 'debts' within the scope of Section 434 of the Companies Act, 1956 - Pawan Kumar Khullar v. Kaushal Leather Board Limited, AIR 1996 MP 85.


But See Contrary view taken in  116 Comp Cas 448 (2003), Suryanarayana v. Stiles Ltd. (AP)

Interest

Payment of interest

Look at contract, then look at nationalised bank (if evidence lead), otherwise court discretion.

Sri Venkatarama Oil Industries v. Union of India, MANU/AP/1366/2002: III(2003) BC 417

Sarvaraya Textiles Ltd v. N. Rajagopal, MANU/AP/1202/2004: 2005(4) ALT 405

Romesh Chandra Das v. National Tobacco Co. of India Ltd, MANU/WB/0086/1940

Specific Performance and Arbitration

 Apex Court in the case of Olympus Superstructure Pvt. Ltd. v. Meena Vijay Kheta and Ors. reported in MANU/SC/0359/1999 : AIR 1999 (SC) 2102. Para 38 of the judgment reads as under:

In our opinion, the view taken by the Punjab, Bombay and Calcutta High Courts is the correct one and the view taken by the Delhi High Court is not correct. We are of the view that the right to specific performance of an agreement of sale deals with contractual rights and it is certainly open to the parties to agree - with a view to shorten litigation in regular courts - to refer the issue relating to specific performance of arbitration. There is no prohibition in the Specific Relief Act, 1963 that issues relating to specific performance of contract relating to immovable property cannot be referred to arbitration. Nor is there such a prohibition contained in the Arbitration and Conciliation Act, 1996 as contrasted with Section 15 of the English Arbitration Act, 1950 or Section 48(5)(b) of the English Arbitrating Act, 1996 which contained a prohibition relating to specific performance of the contracts concerning immovable property.