Search Results for "Conditional Sale"

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Gujarat High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sale of New Tenure Land by Adivasi Requires Government Permission; Plaintiff Failed to Prove Readiness and Willingness.

The appellant, Shantaben Gopalbhai Tadvi, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent jud...

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Bombay High Court Dismisses Pre-emption Claim Under Section 22 of Hindu Succession Act, 1956 — Testamentary Succession Bars Intestate Right. Property Devolution by Will Excludes Statutory Right of Pre-emption as Section 22 Applies Only to Intestate Property.

The case involves a dispute over a suit property (Plot No.21, Laxmi Nagar, Nagpur) originally purchased by late Kashinath Subhedar in the name of his ...

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Supreme Court Allows Appeal in Property Dispute Over Limitation for Voidable Alienations by Guardian. Suit for Declaration and Possession Without Seeking Setting Aside of Sale Deeds Held Maintainable Under Article 65 of Limitation Act, 1963.

The case involves a property dispute arising from a Will executed by Petha Gounder on 17.05.1971, bequeathing a life interest to his sons Kannan and B...

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Bombay High Court Considers Second Appeals Regarding Evaluation of Handwriting Expert Evidence and Proof of Sale Deed in Land Dispute. Lower Courts Dismissed Suits Claiming Fraudulent Sale Deed, Preferring Direct Evidence Over Expert Opinion Under Section 45 of Evidence Act.

The case arose from two civil suits filed by the original plaintiff (appellant herein) against the defendant (respondent No.1) and a co-operative bank...

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Bombay High Court Dismisses Second Appeal in Summary Suit for Recovery of Balance Consideration Under Agreement for Sale. Court holds that leave to defend cannot be granted on the basis of vague and unsubstantiated allegations of payment in cash, and that the defendant failed to raise a triable issue.

The appellant-defendant, Vikram Trimbak Pawar, entered into an Agreement for Sale dated 23 November 2016 with the respondent-plaintiff, Technocrat Con...

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Supreme Court Considers Whether Lift Installation Contracts Are 'Works Contract' or 'Sale of Goods' for Sales Tax Purposes. The Matter Was Referred to a Larger Bench to Resolve Conflict Between Prior Rulings and to Determine the Applicability of the Predominant Intention Test After Recent Judgments.

The matter stems from multiple writ petitions and civil appeals challenging the classification of contracts for manufacture, supply and installation o...

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Bombay High Court Answers Reference Against Assessee in Sales Tax Case — Delivery Orders Not Documents of Title. Delivery orders issued by bankers against airways bills are not documents of title to goods and are not negotiable under section 2(4) of the Sale of Goods Act, 1930.

The judgment involves multiple Sales Tax References under the Bombay Sales Tax Act, 1959, where the common question of law was whether delivery orders...