International Commercial Contract -- Work entrusted to contractor by company - Execution of work given to sub-contractor within the knowledge and consent of company - Contractor reimbursed the tax liability of sub-contractor of the tax amount paid because of change in Income Tax law in India with retrospective effect, after the completion of bid - Held, there was nexus..........
Registration Act, 1908, Section 47 -- Sale deed - Registration - Title passes retrospectively with effect from the date of execution and not from the date of registration...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Re-appreciation of evidence - Permissibility - Two Courts below recorded a finding of fact that execution of Will has been duly proved - Held, in second appeal evidence cannot be re-appreciated unless it is established that view taken by two Courts below is perverse and is not at all possible from the evidence on..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Execution - Suit for specific performance - Suit decreed for alternative relief for recovery - Objection petition by L.R's of J.D. that sole residential house is exempt from attachment and sale - Held, protection u/s 60(1)(ccc) is available to J.D. and not the legal heirs of J.D...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Admission of signing a blank cheque does not amount to admission of execution of cheque...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Attachment of immovable property - Ceases to have effect once that property is sold in auction in execution of another decree...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Attachment of immovable property - Ceases to have effect once that property is sold in auction in execution of another decree - Attachment would not revive when defendant whose property was attached, later purchases that property from auction purchaser...........
Registration Act, 1908, Section 49 -- Lease deed - Execution of lease deed admitted by both the parties and lease not in dispute - Lease deed can be looked into for collateral purpose inspite of the fact that it is not registered...........
Agreement to sell -- Sale deed executed - Held, agreement does not survive when once the contract is concluded on execution of registered sale resulting in alienation, conveyance, assignment and transfer of title...........
Transfer of Property Act, 1882, Section 55 -- Sale deed - Cancellation - By execution of sale deed, seller conveys the ownership of property to purchaser - Seller cannot unilaterally cancel the conveyance or sale...........
