Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Agricultural property - Suit for cancellation of sale deed - Dispute as to ownership of agricultural property still pending in revenue Court - Since civil Court has no right to decide the main relief of declaration and recognition of bhumidhari rights of disputed agricultural property, therefore..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed - Only dispute between parties relating to facts as to whether disputed sale deed was executed by original owner or it was executed by any impostor - Said question is not a question of law but is a question of fact, that can be decided on the basis of evidence adduced by parties,..........
Delhi Value Added Tax Act, 2004, Section 2(1)(zd) -- Proviso - Sale price - When there is no increased component and no liability to pay VAT in respect of such increased component, benefit under proviso ceased to be applicable - Proviso cannot be given operation beyond element of increase, so much so that even after complete roll back, benefit in respect of that amount..........
Transfer of Property Act, 1882, Section 3 -- Constructive notice - Suit for specific performance - Plaintiff need not take notice of any possession other than a person in possession under a registered instrument, which could constitute a constructive notice - Any transaction which is not brought under Book-I of Registration Act cannot evoke any constructive notice -..........
Civil Procedure Code, 1908, Order 7, Rule 11, Registration Act, 1908, Section 17(1A), 49, Transfer of Property Act, 1882, Section 53A, 54, Specific Relief Act, 1963, Section 15, 20, 21, 22 -- Rejection of plaint - Suit for specific performance - Unregistered agreement to sell - Application for rejection of plaint on the ground that suit for specific performance on the..........
Central Excise Act, 1944, Section 6, 12, 37, Central Excise Rules, 1944, Rule 57AB(1C), Cenvat Credit Rules, 2001, Rule 3(4) -- CENVAT credit - Upon reading of tripartite agreement between supplier of pellets and IMIL, it is clear that transfer of iron ore pellets was purely transfer of raw materials between two sisterly units under joint procurement policy - Cannot be..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Denial for want of knowledge is no denial at all - Execution of sale deed not specifically denied in written statement - Once execution of sale deed was not disputed it was not necessary to prove the sale deed - Provision contained in O.8.R.5 CPC require pleadings to be answered specifically in written..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Passing of consideration under a sale deed cannot be questioned by third party...........
Suit for possession based on title -- Property in question inherited by seller of plaintiff being class II heir, as such she had right to sell property to plaintiff - Defendant No.3 on the other hand failed to prove her right over suit property - Moreover, execution of sale deed in favour of plaintiff is not specifically denied in written statement - Even if seller had not..........
Transfer of Property Act, 1882, Section 17, 49 -- Unregistered sale deed valuing more than Rs.100 - It is compulsorily registrable document u/s 17 of the Act - Such document without registration cannot be led into evidence and ownership rights cannot be claimed on the basis of said document - However, such document can be seen for collateral purposes...........
