Court : Delhi
Reported in : AIR1983Delhi240; [1985]58CompCas127(Delhi)
..... one is that the bill was a documentary bill in that the documents of title were enclosed with them, the obvious intention being that the documents of title entitling the drawee to take delivery of the goods would be delivered to the drawee only where the drawee accepts the bill, the documents of title and the goods covered thereby, being a security held by the payee bank. ..... on the ground that the bill had been accepted but failed to plead that even if there was no acceptance in the eye of law, prestolite was nevertheless not liable because the bank delivered the documents of title to the drawee but not against the drawer, as the beneficiary of the commercial credit received on discounting. ..... the manufacturer, on the discounting of the bills by means of purchase of hundis, drawn by it on swastika motors, one of its dealers, and that the bank had delivered the documents of title to the goods intended for delivery to swastika motors on the acceptance of the hundis by swastika motors. ..... , in term of the dealership agreement and that the goods represented by the documents of title delivered to swastika through its bank were supplied against the aforesaid entitlement and that swastika at no stage signified its acceptance of the hundis and, thereforee, never accepted any liability either to prestolite or to the bank ..... the discounting banker is not supposed to deliver the documents of title to the drawee, where it is a documentary bill of exchange, until valid and clear acceptance by the .....
Tag this Judgment!Court : Delhi
Reported in : 1999VIAD(Delhi)135; 81(1999)DLT874; 1999(51)DRJ580; [1999]240ITR191(Delhi)
..... of the income-tax act means the person who having acquired possession over the building in his own right uses the same for the purposes of the business or profession though a legal title has not been conveyed to him consistently with the requirements of laws such as transfer of property act and registration act etc. ..... (supra) the supreme court explained that though under the common law 'owner' means a person who has got valid title legally conveyed to him after complying with the requirements of law such as the transfer of property act, the registration ..... ]226itr625(sc) wherein their lordships have held:-'though under the common law 'owner' means a person who has got valid title legally conveyed to him after complying with the requirements of law such as the transfer of property act, the registration ..... the supreme court in podar cement, in our view leaves no scope for the argument that without a duly registered document of title in his favour, a person cannot be said to be owner of a property for purposes of sections 22 or 32(1) of ..... till regular sale deeds were executed in favor of the assessee, the title in the flats remained vested in the company, the tribunal restored the ..... of the building or the constructive owner thereof but in the absence of the transfer of the title in favor of the assessed company it does not become the owner of the building because till the assessed has unobstructive title to that building it has no right of disposition or alienation of that building. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1976Delhi745
..... lal kaira on the other with regard to the question as to the status of certain properties and business, including the liquor business, the extent of the right and interest of the brothers in the property and of their title to it, the entitlement of the brothers to the profits of the business and as to participation in it, the validity of certain orders made by the excise authorities in relation to the liquor license and various matters connected therewith and arising ..... . (25) a close examination of the two plaints leaves no manner of doubt that the basic hypothesis of the plaintiff in the two suits is as to the nature of the title of the plaintiff to or interest of the plaintiff in, as indeed of the third brother, the business and the legal character that the plaintiff claims both for himself and the third brother in relation to the businesses ..... . the two suits are, thereforee, intended to obtain declarations in relation to the nature of the aforesaid businesses, their genesis and the right, title and interest of the plaintiff and the third brother in the aforesaid businesses, including the premises in which the business is carried on, as indeed the benefit of the various liquor licenses that were issued from time ..... . if the declaration in relation to the nature of the business and in relation to the right, title and interest of the plaintiff in it, arising out of the deeds of partnership or otherwise, is denied to the plaintiff, the so-called other substantive reliefs cannot .....
Tag this Judgment!Court : Delhi
Reported in : 1973RLR347
..... chapter 20 of which deals with the procedure for furnishing security and rule 2 thereof prescribes that every person offering himself as surety shall produce before the court officer concerned, his title-deeds and vouchers and may be examined by him on oath or solemn affirmation, touching the value of his property, and the debts and liabilities to which it is subject: after being examined and allowed, he shall sign the ..... so a subsequent transferee of interest in the property for value would, not finding the title-deeds with his transferor, be put on enquiry and notice of the charge created by deposit of title-deeds under the security-bond even in the absence of registration. ..... the provision, thereforee, requires the deposit of title deeds in respect of bonds for more than rs. ..... (19) arguments addressed at the bar invited my attention to one or two difficulties in the matter, for example if a party was unable to deposit the title-deed on account of security being a second charge (if it was already subject to a mortgage) or a title-deed consisting of a renewal of an expired lease had not been obtained or the suerty being entitled to only a share in undivided property, were bona fide not in a position to deposit the original title-deeds. ..... bond raised objections to if and contended that the bond was invalid for want of payment of stamp duty livable on mortgage-deeds under article 40 of the stamp act and for want of registration and that the title-deeds of the property must bo deposited. .....
Tag this Judgment!Court : Delhi
Reported in : (1984)40CTR(Del)281; [1984]153ITR201(Delhi)
..... in the opinion of the tribunal, the expression belonging has to be understood in its ordinary and popular sense and not in a technical sense as possessing title and though the legal title to the mills in the present case remained vested, in the assessed, the mills could not be said to belong to the assessed. ..... was virtually the owner of the property and the vesting of full-fledged title is only a question of time, that the legal title which remained vested in the assessed in the present case was incapable of enabling the assessed to exploit and enjoy any benefit, much more full benefits of the title to the property, and that thus the value of the legal title to the mills vested in the assessed was nil and, thereforee, no amount remained ..... it was pointed out that though the company had not acquired a perfect legal title to the mills, the assessed was not in a position to claim possession thereof from the subsidiary company in view of the provisions of s. ..... as, admittedly, no sale deed was executed in favor of the subsidiary company during the previous year relevant to the assessment year 1958-59, the title to the mills did not pass. ..... 100 in value and the title thereto would not pass to a party in the absence of a registered sale deed. ..... the property of the mills cannot be held to be belonging to the subsidiary company with the transfer of the title by a valid sale deed. .....
Tag this Judgment!Court : Delhi
Reported in : 1998IIAD(Delhi)265; 1998(44)DRJ507; [1998]232ITR87(Delhi)
..... the appropriate authority formed an opinion that the plot was allotted by the chandigarh administration to the predecessor in title of the vendor subject to certain terms and conditions restraining its alienation for a period of 10 years from the date of completion of construction thereon, which term having not been complied with, the transferor ..... the income-tax department cannot make a roving enquiry with regard to the title to the property and they have no jurisdiction at all to apply the partnership law to test the agreement in regard to the various provisions of the partnership act, the transfer of property act and other personal laws ..... judging and pronouncing upon the legality or validity of any transaction or the title of the vendor is a jurisdiction vested in the courts or tribunals specifically created for ..... jurisdiction to decide on the legality or validity of a transaction evidenced by an agreement to sell or on the title of the vendor is neither ancillary nor necessary concomitant to the power to order the central government to purchase the property and hence cannot be deemed to have been conferred on the appropriate authority by necessary implication ..... if the department is not willing to purchase the property on the ground of invalidity of title or on account of any other invalidity, the only course open to it is to grant a no objection certificate and leave the matter to be decided by the parties and it is for the parties to face the consequences and it is not for .....
Tag this Judgment!Court : Delhi
Reported in : 157(2009)DLT626
..... 'owner' for purposes of income tax when the following observations were made:we are conscious of the settled position that under the common law, 'owner' means a person who has got valid title legally conveyed to him after complying with the requirements of law such as the transfer of property act, registration act, etc. ..... is in these circumstances that the significance of a distinction between an owner of a property in respect of the title as against the purpose of income tax becomes significant as per the observations made in commissioner of income tax. ..... 3 really cannot raise any objection as they have failed to make out a claim of title in the property other than for purposes of income tax. ..... 3 had claimed share in the property in their income tax returns though there was no document of title in their favour filed with the income tax authorities. ..... 2 and 3 have been negligent in establishing their title, they cannot defeat the claim of decree for specific performance by the appellant, and, if at all, their claims would be against the ..... 3 (dw3 and dw2 respectively) respectively was that the property belonged to all the three brothers though the title documents were in favour of one brother alone. ..... if the appellant was apprehensive of the title or of any defect, which was not disclosed by ..... respondents had taken no steps from the inception of title of the property in favour of respondent no. ..... 1 failed to prove any receipt of title in favour of his father in the society and the finding was of .....
Tag this Judgment!Court : Delhi
Reported in : ILR1980Delhi196; 1979RLR401
..... the problem is the old one, whether article 142 of the limitation act 1908 applies to a suit for possession of immovable property when the plaintiff's claim is founded on title and, whether the fact that the defendant is in possession raises the inference that the plaintiff was dispossessed, if it be not established that the possession of the defendant had a consensual origin. ..... if it were not correct it would be open to the possessor for a year or a day to say, 'iam here ; be your title to the property ever so good, you cannot turn me out until you have demonstrated that the possession of myself and my predecessors was not long enough to fulfill all the legal conditions. ..... the privy council seems to have held, on the analogy of an english 'action for ejectment', that where the plaintiff has been dispossessed and sues on his title, he must nevertheless prove his possession 'at some time within 12 years before the commencement of the suit'. ..... the' argument is that since the legislature has clearly indicated that the subsisting title theory was incorrect, and opposed to its intention, the courts should pay heed and not persist in misinterpreting article 142. ..... if the defendant wants to defeat the right of the plaintiff he must establish his adverse possession for over 12 years which has the effect of extinguishing the title of the owner by the operation of section 28 of the limitation act read with article 144. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1974Delhi311
..... under section 18(a) to be taken over by a person or body of persons but such management could not be taken over by such person or body of persons before the appointed day the emphasis is only on title fact that though a notified order had been passed, but yet the maiiagenient could not be taken over in pursuance of that order before the appointed day i.e. ..... 2scr292 , where it was held that the deprivation of the land holder under the bihar forest act of 1946 of the right of management and control over forests without his legal title there to or the beneficial enjoyment thereof being affected does not amount to acquisition of land within section 292(2) of the government of india act, 1935. ..... emphasis of the petitioner all the time was that the investing corporation committee should recommend to title state government lhai it sliould further guarantee additional loan to be raised from title stale bank of india; and also it wanted the state government's assistance for raising further ..... not open to the counsel for the respondents to invoke 2 (d) (v) in the alternative as jt was not known whether the report of title investigation was that the management of petitioners' undertaking ought to be taken over under section 18a of the act of 1951. ..... be covered within the impugned act either by virtue of section 4(1) read with first schedule or even by applying title definition clause of section 2(d)(iv) or section 2(d)(v) this part of the argument of hie counsel for the petitioners thereforee .....
Tag this Judgment!Court : Delhi
Reported in : AIR1989Delhi97; 1988(15)DRJ380
..... (2) if they shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the- title to receive the compensation or as to the apportionment of it, the collector shall deposit the amount of the compensation in the court to which a reference under section 18 would be submitted : provided that any person admitted to be interested may ..... other words, in addition to the amount of compensation, it would also have adjudicated upon the title of the persons to whom it is payable or the apportionment of the compensation among the person ..... no dispute that an award passed by the court dealing with a reference under section 18 of the act embracing the question of title to compensation or its apportionment is vulnerable in appeal before the high court in view of section 54. ..... the collector has no power in such cases to finally adjudicate upon the title to compensation and the dispute has to be decided either in a reference under section 18 or under section 30 or under section 31 when compensation is deposited or may be in a ..... the determination of a common reference under section 18 both on the question of enhancement of compensation and title to compensation, it is the common practice of the trial courts to determine reference petition under section 18 of the act and the reference petition under section 30 of the act when the dispute in both relates to the title to the compensation or to its apportionment in a consolidated proceedings. .....
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