Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
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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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