Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and possession - Property was recorded in the name of two brothers and one brother sold his part of property to plaintiff - Defendants based on sale deeds executed by other brother to them dispossessed plaintiffs - Even, defendants are not certain as to which part of suit property was..........
Agreement to sell -- Specific performance - Further sale of property much prior to issuance of legal notice and institution of suit in favour of appellant No.7 - No relief sought for cancellation of such sale deed - Suit for specific performance is not maintainable...........
Agreement to sell -- Specific performance - Fixed time frame of six months for making payment in full - Plaintiff did not offer to pay remaining/balance amount before expiry of six months period - Plaintiff thus not complied with his obligation under the agreement within six months period - Suit for specific performance to execute sale deed not available - Order of trial..........
Indian Penal Code, 1860, Section 420, 406, 415, 418, 120B -- Cheating - Quashing of proceedings - Dispute regarding sale transaction between parties - There was no allegation of deception and intention to cheat complainant from the inception of transaction - Question of criminal misappropriation does not arise - Proceedings quashed...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Defendant sought rejection of plaint on the ground that alleged sale deed has not been challenged by plaintiff in the suit - However, plea of plaintiff that he got knowledge of existence of sale deed at a later date is an essential fact which could not be decided at the stage of deciding..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant no.2 from whom plaintiff alleges to have purchased the property vide a sale deed himself has specifically denied the factum of said execution - There is no public document or any other document available on record to prove that wife of defendant no.2 was owner of property, as she was minor..........
Service tax -- Sale of Goods - When the substantial control remains with contractor and is not handed over to user, there is no transfer of right to use vehicles, cranes, tankers etc. - Whenever there is no such control on the goods vested in the person to whom the supply is made, transaction will be of rendering service within the meaning of S.65(105)(zzzzj) of Finance..........
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...........
Criminal Procedure Code, 1973, Section 482 -- Return of original sale deed - Surety produced original sale deed of his property to satisfy trial Court that he is a solvent surety - Court should have returned original sale deed to surety after obtaining bond - Trial Court directed to return original sale deed to surety...........
Civil Procedure Code, 1908, Order 21, Rule 86, 71 -- Auction sale - Default in payment of auction money - Forfeiture - No provision in CPC which empowers Court to refund the initial amount deposited, to the auction purchaser who fails to make balance payment within time - O.21.R.71 CPC has no application, as property in question has not even resold - Moreover, mere..........
