Registration - Compromise - Decree..?

Compromise Decree and Registration........?

                                

- Whether compromise decree require Registration as per  Section 17 of Registration Act 1908 ? 

- When compromise decree require Registration as per Section 17 of Registration Act 1908 ?

- Basically compromise decree with regard to property which was subject matter of the suit itself does not require registration.

- Compromise decree in respect of an immovable property comprising other than that which was the subject matter of the suit or the proceeding the same would require registration.

- As per section 17(vi) of Registration Act 1908 any decree or order of court except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject matter of the suit or proceeding require registration.

======= Relevant Provision ====== 

- Section 17 of Registration Act 1908.

------------- Relevant Judgement ----------

- Som Dev and Ors v/s Rati Ram and And A.I.R.2006 S.C. 3297 = 206 SAR 772.

- Mohammade Yusuf  & Ors v/s Rajkumar & Ors 2020 SAR 364.

-K. Raghunandan & Ors v/s Ali Hussain. Sabir & Ors A.I.R. 2008 S. C.2337 = 2008 SAR 692.

= P. I. L. No. 88/2021 Bombay H. C. The Barshi Bar Association v/s The State of Maharashtra ---- decided on 09-03-2023

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Interim - Mandatory - Injunction

Civil Suit - Interim Mandatory Injunction - To maintain Status-Quo - On the date of Filing of Suit . 

                                     

                         

- The ad - interim mandatory injunction is to be granted not at the asking but on strong circumstances so that to protect the rights and interest of the parties so as not to frustrate their rights regarding Mandatory Injunction.

- The court would grant such an Interim  Mandatory Injunction Relief only if it is satisfied that withholding of it would prick the conscience of the Court and do violence to the sense of Justice , resulting in injustice being perpetuated throughout the hearing , and at the end the Court would not be able to vindicate the cause of Justice.

- The Court would grant interim mandatory injunction if situations emerge where the granting of an interim relief would tantamount to granting the final relief.

- The court would grant interim mandatory injunction if compelling circumstances where the injury complained of is immediate and pressing and would cause extreme hard - ship.

- Technicalities or technical objections to frustrate the mandatory temporary injunction which has attained finality cannot be permitted to thwart the Course of Justice.

====== Relevant Provision = = = = = = = = =

- Order 39 Rule 1 / 2 of Civil Procedure Code 1908.

....... Relevant Judgement ........ . . . . . . . . . . . . . .

- Hammad Ahmed v/s Abdul Majeed & Ors 2019 SAR 599.

- Suresh D.Naik v/s Mangesh R.Wagle 2000(4) Mh.L.J.157 = 2000(1) ALL.M.R.176.

- Baban Narayan Landge v/s Mahadu Bhikaji 1989 Mh.L.J.146.

- Mumbai Municipal Corporation v/s Sushilaben I. Patel 2002(5) Mh.L.J.246 (Bom).

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Arbitration

...................Arbitration............ Basic Information...

                                     

          

- Basically no format is required for arbitration agreement.

- Arbitration means any arbitration whether or not administered by permanent arbitral institution.

- Arbitration agreement means an agreement by the parties to submit  arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship , whether contractual or not.

-Arbitration agreement may be in the form an arbitration clause in contact or in the form of separate agreement.

- It shall be in writing.

- It shall be signed by the parties to agreement.

-  It contains exchange of letters , telex. , telegram or other telecommunication , exchange of statement of claim and defence .

- If arbitration agreement provide procedure for appointment of arbitrator then it shall be followed by parties.

-If parties to arbitration agreement for appointment of arbitrator is not followed by parties then Chief Justice of India or High Court or those court designated by chief justice or institution designated by him may appoint may arbitrator.

- Parties to agreement are free to determine the number of arbitrator. But such number shall not be even number.

- Appointment of arbitrator may be challenged.

- A parties to arbitration agreement are free to agree on the procedure to be followed while conducting arbitration proceeding.

- Arbitration Award may be challanged  before Principal Civil Court or Court of Small Causes within 3 months from award.

- Arbitration Award may be enforced under Code of Civil Procedure Code 1908 in same manner like degree of the court

- A civil Court have no jurisdiction to entertain dispute in respect of arbitration agreement but it have power to refer dispute to Arbitrator.

====== Relevant Provision ======

- Section 2 to 43 of The Arbitration and Conciliation Act 1996.

............ Relevant Judgement..................

- Greaves Cotton Ltd v/s United Machinery and Appliances A.I.R.2017 S.C.120.

- Mrs Hema Khattar & Anr v/s Shiv Khera A.I.R.2017 S.C.1793.

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