Civil Procedure Code, 1908, Section 84, 85 -- Auction sale - Non deposit of purchase money within period of 15 days from sale of property - Held, provisions of R.84 and 85 of O.21 are mandatory - There is no sale at all without compliance of these provisions - Even inherent powers of Court cannot be invoked to circumvent these mandatory provisions...........
Central Sales Tax Act, 1956, Section 5, Karnataka Value Added Tax Act, 2004, Section 3, Customs Act, 1962, Section 2(11) -- Import - Export - Sales tax - Imposition of - Held, no tax on sale or purchase of goods can be imposed by any state when transaction of sale or purchase takes place in course of import of goods into or export of goods out of territory of India -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Purchase of land - Allegation of cheating - Allegations contained in FIR and case diary statement would show that land is adjacent to a road and 125 feet front would be provided - There is nothing in allegations that any such representation much less fraudulent misrepresentation was made by the petitioners..........
Motor Vehicles Act, 1988, Section 188 -- Motor accident - Compensation - Whether to be invested in fixed deposit or disbursed to claimants - Long term fixed deposit is mandatory in case of minors, illiterate claimants and widows - In the case of illiterate claimants, Tribunal can consider the request for lump sum payment for effecting purchase of any movable property such..........
Hire Purchase Agreement -- Recovery of loans - Seizure of vehicles - Held, the recovery of loans or seizure of vehicles could be done only through legal means - The banks cannot employ goondas to take possession by force...........
Stamp Act, 1899, Section 47A, Uttar Pradesh Stamp Rules, 1942, Rule 340 -- Deficiency in stamp duty - Quashing of demand notice - Appeal against - Nature of user is relatable to date of purchase and it is relevant for calculation of stamp duty - Merely because property was purchased for residential purpose and is now being used for commercial purpose at the later point of..........
Transfer of Property Act, 1882, Section 55(6)(b) -- Buyer's charge - Is statutory charge as distinguished from contractual charge - Charge comes into force the moment buyer pays purchase money or any part thereof - Subsequent compromise entered into between seller and buyer and that too at time when seller had lost title - Would not efface statutory charge available to..........
Ancient Monuments and Archaeological Sites and Remains Act, 1958 -- Ancient Monuments Preservation Act, 1904 - Protected monument - Act of 1904 and Act of 1958 - Respective areas of operations - Held, the Act of 1958 is modelled on the Act of 1904 - However, Act of 1958 contains few new provisions which are intended to overcome certain difficulties which had been..........
Haryana Housing Board Act, 1971, Section 74 -- Housing Board Haryana(Allotment Management and sale of Tenements) Regulation,1972 - Regn.11(4) Hire purchase tenancy agreement - Legality of demand of additional price from allottees by housing board on ground of increase in land cost due to payment of higher compensation to land owners - Hire purchase tenancy agreement..........
Punjab Security of Land Tenures Act, 1953, Section 18 -- Tenant's right of purchase - Held, right u/s.18 for a tenant cannot be examined without first determining land owners' reservation u/s.5-B-A - Transferee gets into the shoes of transferors and he is entitled to protect his own rights to ensure that a reservation is so done that property purchased by him falls within..........
