Acquisition of shares -- Dishonour of cheque for buy-back shares - Appellant tendered consideration by Post-dated cheques which subsequently dishonoured and criminal proceedings had been initiated against appellant - Post-dated cheques amounted to a promise to pay and that promise would be fulfilled on the date mentioned on the cheque - At the time of making the public..........
Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendens - It is necessary for administration of justice that decision of a Court in a suit should be binding not only on the litigating parties but on those who derive title pendente lite - Lis pendens does not anull the conveyance or transfer otherwise, but renders it subservient to the rights of the parties to..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleadment of party - Suit for specific performance - Transferee pendente lite - (i) a subsequent purchaser is a necessary and proper party; (ii) after sale, the owner can lose interest in litigation, thus it can adversely affect the..........
Income Tax Act, 1961, Section 269UD -- Order of compulsory pre-emptive purchase - On ground that attempt made to evade taxes - Collaboration agreement between parties involved mere grant of license and there was no sale, lease or exchange involved in this transaction - Therefore `transfer', for the purpose of Chapter XXC does not occur - Order of Authority found to be bad..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Once the service of plaint in the suit on defendant is taken as a notice for terminating tenancy, then by applying the provision of O.7.R.7 CPC which empowers the Court to take notice of subsequent events for purposes of moulding the relief in a suit, defendant's tenancy would stand terminated..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Cancellation - Unregistered agreement to sell - Plaintiff pleaded his rights on the basis of an unregistered agreement and had utterly failed to prove the same - Lower Courts concurrently gave finding that plaintiff could not prove grounds for cancellation of sale deed mentioned in plaint - No interference warranted..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Possession in pursuance of oral agreement to sell - Injunction sought restraining defendant from eviction plaintiff otherwise than in due course of law and not to transfer the disputed land and interfere in the peaceful possession - Such unregistered agreement does not create any right of plaintiff -..........
Motor Vehicles Act, 1988, Section 157, 166 -- Transfer of vehicle - Lease agreement - Liability of insurer - Vehicle in question has been given on hire and there is no complete transfer of vehicle - There is no prohibition and no condition/policy of insurance as shown to prohibit plying vehicle on hire - In absence of any legal prohibition and any violation of terms and..........
Motor Vehicles Act, 1988, Section 157, 166 -- Transfer of ownership - Certificate of insurance and policy described in certificate shall be deemed to have been transferred in favour of person to whom the motor vehicle is transferred with effect from the date of its transfer...........
Motor Vehicles Act, 1988, Section 157, 166 -- Transfer of ownership of vehicle by sale - Insurer cannot escape the liability as there is deemed transfer of certificate of insurance...........
