Business deductions and transfer pricing issues: tribunal treatment of software write-offs, donation receipts, warranty provisions, and related expens...
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SC held that the plaint must be rejected under Order VII Rule 11(a) and (d) CPC due to absence of cause of action. An agreement to sell does not confer substantive rights against third-party possessors, and the proposed purchaser cannot institute a suit against parties in possession. The court emphasized that without a registered sale deed, the purchaser lacks legal standing to challenge ownership or possession. The appeal was allowed, setting aside lower court orders, with implications for preventing speculative litigation and protecting institutional interests from resource-draining legal proceedings.
SC held that the plaint must be rejected under Order VII Rule 11(a) and (d) CPC due to absence of cause of action. An agreement to sell does not confer substantive rights against third-party possessors, and the proposed purchaser cannot institute a suit against parties in possession. The court emphasized that without a registered sale deed, the purchaser lacks legal standing to challenge ownership or possession. The appeal was allowed, setting aside lower court orders, with implications for preventing speculative litigation and protecting institutional interests from resource-draining legal proceedings.
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