Companies Act, 1956, Section 397, 398 -- Company petition - Oppression and mismanagement - Appellant was the victim of oppression and mismanagement for two reasons: first, that circumstances surrounding gift deed and subsequent transfer of shares are seriously questionable and must be declared invalid and secondly, board meetings have been conducted in a mala fide manner..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Cash transaction - Merely because a person is not able to prove transfer through official modes i.e. through any negotiable instrument or bank transaction would not lead to conclusion that such amount was not paid through cash, especially when there was a categorical statement to this..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Specific stand of plaintiff that he has paid Rs.30,80,000 to defendant pursuant to promissory note - Onus would be on defendant to dispel such fact - Merely because plaintiff is not able to prove transfer through official modes i.e. through any negotiable instrument or bank transaction..........
Transfer of Property Act, 1882, Section 54 -- Sale - In sale for an immovable property value of which exceeds Rs.100, three requirements of law are that transfer of property of sale must take place through a validly executed sale deed i.e., it must be in writing, properly attested and registered...........
Transfer of Property Act, 1882, Section 54 -- Sale - Agreement to sell - S.54 of the Act in its definition of sale does not include an agreement of sale which neither confers any proprietary rights in favour of transferee nor by itself create any interest or charge in the property...........
Transfer of Property Act, 1882, Section 54 -- Sale - Agreement to sell does not confer a valid title on the plaintiff as it is not a deed of conveyance as per S.54 of the Act - At best, it only enables plaintiff to seek specific performance for execution of a sale deed and does not create an interest or charge on the suit property...........
Transfer of Property Act, 1882, Section 54 -- Sale - Receipt of consideration/Affidavit do not confer a valid title upon plaintiff because as per S.54 of the Act it is only through a deed of conveyance that title can be transferred...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Main ingredients for taking shelter u/s 53-A of the Act is the factum of possession...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Suit filed for possession along with other reliefs which means that on the date of filing of suit, plaintiff was not in possession - Since there was no possession with plaintiff as such he cannot derive any benefit under the doctrine of part performance...........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Ad valorem Court fee - Suit for declaration and cancellation of transfer deed - Non-executant - Plaintiff was not executant of transfer deed in question and he has also claimed relief of possession - Ad valorem Court fee would be payable in terms of provisions of Ss.7(iv)(c) and S.7(v) of the Act and not in terms of market..........
