Service Tax -- Sale of Goods - Contracts which did not provide for transfer of right to use the goods made available to person who is allowed to use the same, are not covered under relevant provisions of Sales Tax Act and VAT Act...........
Transfer of Property Act, 1882, Section 53A -- Protection u/s 53-A of the Act - Agreement to sell - Un-registered agreement was entered into in between defendant and original owner - Though defendant was put in possession but he failed to pay balance sale consideration and as such no sale deed was executed in his favour - Defendant not entitled to have protection u/s 53-A..........
Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 47 -- Sale deed - Interpolations made after it was executed but before it was registered - Sale deed where entire consideration is paid would operate from the date of its execution - In the instant case consideration was entirely paid on the date of execution of sale deed - Thus, sale deed as..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - If payment is made by cheque and cheque is dishonoured, then sale deed cannot be considered invalid only on this ground...........
Service -- Transfer order - Failure to avail of any remedy would mean that employee had accepted the order and was duty-bound to comply with the same - At a later stage, he could not take a plea that the order being erroneous, no consequence would follow for its non-compliance...........
Criminal Procedure Code, 1973, Section 233 -- Consolidation/clubbing of cases - Accused 60 years old foisted with several cases in States of MP, Karnataka and Jharkhand for similar offences - No objection expressed by State if cases in State of MP are consolidated and listed before one Court having jurisdiction - All the cases pending in State of MP shall be consolidated..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Recitals of document were very specific that sale was on condition that if the executant fails to repay the amount within 2 years, sale shall become void on such payment being made - Since seller failed to repay the agreed amount within the period..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - While adjudicating a transfer petition initiated by wife in the context of a matrimonial dispute, Court must take into account a comprehensive array of following factors:- (a) Economic condition and earning capacity of parties, i.e. husband and wife; (b) Social standing of wife and her dependency on..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of sons - Plea raised by petitioners that they are ready to take care of senior citizen - Once necessary ingredients of S.23 of the Act are met and transfer deed was cancelled in accordance with law, plea raised by petitioners would not call for setting..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of sons - Transfer deed in favour of four sons was set aside by Appellate Tribunal in consonance with S.23 of the Act - Further transfer of property by one of son in favour of his son and daughter-in-law/petitioners that too during pendency of proceedings..........
