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ThynkTax /Tax Reference /Case Laws /Balbir Singh Maini - JDA revisited

Balbir Singh Maini - JDA revisited

Supreme Court of India·2017·ITR
Facts

Owners entered JDA; subsequent disputes prevented completion.

Issue

Whether the T.K. Dayalu principle applies where the agreement cannot be performed?

Held

For Section 53A to apply, the contract must be one which is capable of specific performance; abortive JDAs do not trigger Section 45.

Ratio

Section 45 requires actual or constructive transfer; abortive JDA does not constitute transfer.

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