Income Tax Act, 1961, Section 2(47)(vi) -- Transfer - Agreement to sell - Owner's rights were completely intact on the date of agreement to sell both as to ownership and to possession even de facto - S.2(47)(vi) of the Act therefore, not attracted...........
Income Tax Act, 1961, Section 2(47)(ii), (vi) -- Transfer - Agreement to sell - Compromise deed - Appellant/assessee entered into agreement to sell with builder - As per Compromise deed, appellant received agreed sale consideration and balance amount towards full and final settlement in respect of agreement also paid through 7 post dated cheques - All the cheques were..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Protection of S.53-A of the Act - Dismissal of suit for specific performance - (i) When certain things were to be performed by plaintiff and suit for specific performance was dismissed due to non performance of that part of contract or bar of limitation, then protection of S.53-A of the Act is not available..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Possessor u/s 53-A of the Act, will not get any title or ownership over property...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Possessor in part performance of property will not get any right of alienation or title or ownership over property - Property will remain outside purview of provisions dealing with transfer of title and ownership either by way of sale, mortgage, gift or settlement - Provision governing devolution of right by..........
Transfer of Property Act, 1882, Section 53A -- Part performance - To fall under umbrella of S.53-A of the Act, plaintiff must show not only his readiness and willingness to pay balance sale consideration, but also readiness and willingness to perform his part of contract which includes enforcement of contract for getting sale deed executed in his favour by resorting to..........
Indian Penal Code, 1860, Section 420, 467, 470, 471 -- Cheating - Quashing of FIR - Dispute relates to claim of title of land - Allegation that accused forged documents i.e MOU and SPA with fraudulent motive to transfer property belonging to respondent company - Ex facie allegations do not disclose commission of a criminal offence - Company if required and necessary can..........
Agreement to sell -- Specific performance - Settlement before Supreme Court - Concurrent findings of three Courts below in favour of plaintiff is on record - Parties have amicably settled the matter and defendant already received additional amount of Rs.12,50,000/- - Defendants thus, directed to apply for Town improvement Trust for transfer of suit property to plaintiff...........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 506, 201, 120B, Criminal Procedure Code, 1973, Section 197, 482 -- Cheating - Quashing of proceedings - Applicant Principal of Primary Education Institution - Allegation that applicant helped father of accused of a rape case by changing date of birth in transfer certificate of minor victim - As regarding sanction..........
Suit for recovery -- Mesne profit - Commercial projects - Admittedly, if lease was not extended respondent was then to be considered as unauthorized occupant of premises situated in a commercial area - Hence, user charges/mesne profits with 15% increase of last paid rent were most reasonable - Moreover, respondent nowhere has alleged in its written statement that it had..........
