Central Excise and Salt Act, 1944, Section 4(1)(a) -- Price at which goods are sold to a buyer in course of wholesale trade - Price being the sole criteria - Sale to related person - Presumption - Price is not sole consideration - Sale to related persons dealt with in Proviso (iii)...........
Central Excise and Salt Act, 1944, Section 4(1)(a) -- Proviso (iii) - Normal price - Arrangements for sale - Sale generally - To or through related person - Arrangement leading to lesser price - Sale of at least 50% goods is sale generally...........
Central Excise and Salt Act, 1944, Section 4(1)(a) -- Normal price - Sale to related person - Presumption u/s 4(1)(a) that price charged from related person is not `normal price' rebuttable - Price is the sole consideration - Such price should be considered for arriving at `normal price' - However, where Proviso (iii) apply, presumption is irrebuttable...........
Registered sale deed -- Cancellation - Consolidation authorities have no jurisdiction to ignore registered sale deed - If sale deed was obtained by committing fraud without paying sale consideration, sale deed can only be cancelled by Civil Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants from interfering in any manner over suit property - Both the parties claiming ownership rights in suit property while plaintiff claims on the basis of registered sale deed - Whereas defendants claim ownership and possession on the basis of Will - Assertions of both the parties..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Market value - Sale instances - Fair market value of acquired land is required to be determined on the basis of market rate of adjacent lands similarly situated to the acquired land prevailing on the date of acquisition or/and prior to acquisition but not subsequent to date of acquisition - In appropriate..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Market value - Determination - No sale deeds filed to prove the fair market value of acquired land and appellants asked the Court to take into consideration the rate of those lands which were acquired 10 years after the date of acquisition in question and then reduced the land by 10% every year so as to..........
Land Acquisition Act, 1894, Section 23, 18 -- Acquisition of land - Market value - Discretion - No sale deeds were filed by appellants - In such case, one can never come to any exact figure of price of lands because in very nature of things prices are bound to vary from land to land and further they also depend upon individual buyer-to-buyer, seller-to-seller and the..........
Land Acquisition Act, 1894, Section 23, 18 -- Acquisition of land - Market value - Since the appellants failed to file any sale deed of lands to prove the price of lands prevailing at relevant time, fair market value of land can be taken into account on the basis of potentialities and rate of adjacent land fixed by Courts - High Court was not justified in determining..........
Specific Relief Act, 1963, Section 16, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Specific performance of agreement - Whether suit is for land? - In instant case, respondent took possession of assets and later entered into Private Treaty Agreement with appellant for sale of said property by execution..........
