Court : Kolkata
Reported in : (1896)ILR23Cal713
..... with all costs and incidental expenses, the defendant is not entitled to the relief under section 135 of the transfer of -property act.2. [after considering the evidence the learned judge continued.] 'section 135 of the transfer of property act provides as follows :;-where an actionable claim is sold, he against whom it is made is wholly discharged by paying to the buyer the price and ..... are in the discretion of the court, there is no danger of injustice being done by their falling on anyone but the party in the wrong. i think that the claim in this suit is an 'actionable claim' within the meaning of the transfer of property act, but that, as the defendant did not pay the amount paid by the plaintiff for the ..... the time of the assignment and not at the time of the enforcement of payment of the debt; in other words, that 'it referred to. circumstances arising upon the transfer of the actionable claim.' the majority of the judges, however, took a different view. the passages in the judgment of petheram, c.j., which furnish to my mind the key-note to his ..... claim with interest and expenses before judgment, but disputed the claim throughout, the plaintiff is entitled to judgment for the whole of his claim.'23. mr. justice ghose in page 587 said as follows: 'it seems .....Tag this Judgment!
Court : Chennai
Reported in : AIR1921Mad122; 59Ind.Cas.943
..... . 384 and argues that the endorsement exhibit a-2 may be upheld as effecting an assignment of an actionable claim under section 130 of the transfer of property act. the objection to so doing is the complete absence of operative words of transfer.12. the second appeal fails and is dismissed with costs.odgers, j.13. mr. madhavan nair, ..... promissory-note, does not arise in the present case.16. on the point as to whether exhibit a-2 can be a transfer of an act on able claim under section 130 of the transfer of property act several cases have been referred to. it is clear that exhibit a-2 contains no words of assignment as such. in ..... the payee thereof, coupled with delivery of the instrument so endorsed to the person to whom the payment is directed, is an assignment within section 130 of the transfer of property act. this was laid down in rama iyen v. venkatachellam patter 30 m. 75. there is no such direction to pay here. these are the cases ..... a note wherein the maker promised to pay to a. or to b. and c. is not a promissory note within the statute of anne and that an action could not be maintained upon it.14. it, therefore, seems to me that the document sued on is not a negotiable instrument within the negotiable instruments act 1881, ..... upon this case. i, therefore, agree with the learned district judge that exhibit a-2 does not constitute a valid assignment under section 130 of the transfer of property act.18. i agree with my learned brother and would dismiss this second appeal with costs. .....Tag this Judgment!
Court : Kolkata
Reported in : (1897)ILR24Cal763
..... 758, odd annas. the case of muchiram barik v. ishan chunder chuckerbutti i.l.r. 21 cal. 568 shows that a debtor claiming the benefit of section 135 of the transfer of property act is discharged of his liability, if he pays or offers to pay at any time before final judgment the consideration plus the expenses ..... now found to have been rs. 758-4-0, and that therefore he (the defendant) is not entitled to the benefit of section 135 of the transfer of property act. he also contends that the balance ought to have been paid into court as soon as it was discovered that the amount originally deposited was not ..... of april 1896. it seems to me that he is entitled to the benefit of section 135 of the transfer of property act.3. i am also of opinion that under section 84 of the transfer of property act the plaintiff ought to have interest on the sum of rs. 2,750 only up to the 6th ..... be paid to the plaintiff, and that the plaintiff do reconvey or retransfer to the defendant the property comprised in the mortgage and further charge, free from all incumbrances done by him or any person or persons claiming by, from or under him, and do deliver up all documents in his custody or power relating ..... and interest. the defendant in this case has, from the outset, claimed the benefit of the section; he tendered the amount to the .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1932All345
..... -thought.6. it was contended before us by the learned advocate for the defendant-appellant that the widow's right to recover her unpaid dower is not an actionable claim as defined in the transfer of property act. reference was made to shib lal v. azmatullah  18 all. 165 and arunachellam chetti v. subramaniam chetti  30 mad. 235. in ..... district judge took a contrary view in a well-reasoned judgment holding that the widow's claim to dower is an actionable claim, as denned in the transfer of property act, and that defendant 1 being a legal practitioner was de barred from taking a transfer of such claim. accordingly defendant 1 did not acquire the right to recover the dower debt and could not ..... debt secured by mortgage of immovable property,...which the civil courts recognize as affording grounds for relief, whether such debt be existent, accruing, conditional or ..... it became payable, was not an actionable claim. the second case follows the first. in view of subsequent legislation, which materially altered the definition of 'actionable claim' both the above cases have become obsolete in relation to transactions entered into after 1900, when the transfer of property act was amended. an actionable claim is now defined to mean:a claim to any debt, other than a .....Tag this Judgment!
Court : Madhya Pradesh Gwalior
..... but partakes of the nature of property. 15. the apex court in the case reported in air 1955 sc 376 (jugalkishore saraf v. ..... functionaries of court. decree does not come within the definition of an actionable claim as given in the transfer of property act act iv of 1882), ..... under:- the next point taken before us is that the transfer of the decree to the petitioner who is a pleader was invalid by virtue of section 136 of the transfer of property act (iv of 1882) since it is a transfer of an actionable claim which the law prohibits in favour of pleaders and certain ..... m/s. raw cotton co. ltd.) held as under:- per bhagwati j. : a judgment debt or decree is not an actionable claim for no action ..... secured by the decree. a decree to be passed in future also does not come as such within the definition of an actionable claim and an assignment or transfer thereof need not be effected in the manner prescribed by s. 130. 16. in view of aforesaid dictionary meaning and the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2006SC1908; 2006(5)ALD51(SC); 129(2006)DLT719(SC); [2007(1)JCR110(SC)]; JT2006(5)SC168; 2006(2)KLT700(SC); RLW2006(3)SC2129; 2006(5)SCALE1; (2006)5SCC603; 145STC57
..... and the conclusion in so far as it was based on this erroneous perception, equally wrong.23. the transfer of property act 1882, deals with transfer of actionable claims in chapter viii of that act. section 130 of the transfer of property act provides that an actionable claim may be assigned for value. a right on the fulfillment of certain conditions to call for delivery of goods ..... 'sale' were defined in section 2(d) and (g) respectively of the bengal act thus;2(d) 'goods' include all kinds of movable property other than actionable claims, stocks, shares or securities;2(g) 'sale' means any transfer of property in goods for cash or deferred payment or other valuable consideration.these definitions of 'goods' reflect the definition of the word in the sales ..... chance to win a prize, and therefore, it was merely a contingent interest in money. alternatively it was submitted that the lottery tickets were in fact actionable claims within the meaning of section 3 of the transfer of property act, 1882, and therefore, outside the definition of 'goods' under the sales tax acts.7. the court in h. anraj came to the ..... in the wider sense of the term but a sale of an actionable claim would not be subject to the sales tax laws.21. distinct elements are deducible from the definition of 'actionable claim' in section 3 of the transfer of property act. an actionable claim is of course as its nomenclature suggests, only a claim. a claim might connote a demand, but in the context of the definition .....Tag this Judgment!
Court : Mumbai
Reported in : 2003(3)ALLMR9; 2003(4)BomCR14; (2002)2BOMLR888; 2004(1)MhLj87
..... petitioners is that credit in the depb is an 'actionable claim'. the 'actionable claim' is defined in section 3 of the transfer of property act, 1882, which reads as under: 'actionable claim' means a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge or movable property, or to any beneficial interest immovable property not in the possession, either actual or constructive, of ..... of the aforesaid definition would indicate that the debt for which action is necessary to realise can only be said to be an actionable claim. in other words, where no action is necessary to realise the debt, it cannot be said to be actionable claim. actionable claim under section 130 of the transfer of property act refers only to the claims capable of enforcement, at the time of assignment, by suit ..... be useful at this stage to refer to the definition of 'actionable claim' as given in section 3 of the transfer of property act which run thus: 'actionable claim' means a claim to any debt, other thana debt secured by mortgage of immovable property or by hypothecation or pledge or movable property, or to any beneficial interest in movable property not in the possession, either actual or constructive, of the .....Tag this Judgment!
Court : Mumbai
Reported in : 2002(2)BomCR646
..... to fundamental policy of india, justice or morality. earlier under section 6(e) of the transfer of property act even an actionable claim was included in the said clause. the statutory bar was removed subsequently. under section 131 of the transfer of property act every notice of transfer of an actionable claim has to be in writing and must comply with other requirements. the argument here is that ..... ground that the defendant did not break the contract. in appeal the division bench held that the right to claim damages against the defendant's firm could not be transferred under section 6(e) of the transfer of property act as it was not actionable claim, but merely a right to sue. that judgment from the discussion earlier and hereafter will show is clearly distinguishable ..... the mere right to sue for damages is not an actionable claim it not being a debt. reliance for that purpose is placed on the ..... based on the commentary in transfer of property act by mulla and the two judgments cited where this court and the madras high court has refused to allow a party to sue based on an assignment or to be pleaded or substituted as party in pending proceedings. earlier the right to sue, in respect of a transferred actionable claim was also barred. that bar .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1949All433
..... which a claim for damages is not transferable. now, so far as the point that after the breach there is only a right to sue for damages ..... meaning of section 6, t. p. act, and was not transferable. the basis of the decision was that after the breach nothing remains in a contract, but a mere right to sue for damages and that this right to sue for damages is not an 'actionable claim' as defined in the transfer of property act. his lordship further referred to the english law, according to ..... qua the person who is guilty of breach and his property. section 58 (4), presidency towns insolvency act, also speaks of things in action as property of the insolvent and lays down that such things shall be deemed to have been duly transferred to the official assignee. there is, therefore, no doubt that the claim for damages for breach of contract which was the subject ..... -matter of the suit in the present case is 'property.' it is to be remembered that .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1986SC63; 1985(2)SCALE641; (1986)1SCC414; Supp3SCR342; 61STC165(SC)
..... within the definition of that expression as given in the tamil nadu act, 1959 and the bengal act, 1941, that to that extent they are not actionable claims and that in every sale thereof a transfer of property in the goods is involved. in view of these conclusions the impugned amendments made in the two concerned acts for levying tax on sale of lottery ..... and 'sale' are defined in s. 2(d) and (g) respectively of the bengal act thus:2(d) 'goods', includes all kinds of movable property other than actionable claims, stocks, shares or securities; 2(g) 'sale' means any transfer of property in goods for cash or deferred payment or other valuable consideration....the term 'goods' is defined in section 2(7) of the sale of ..... section 2(7) of the sale of goods act defines 'goods' as meaning 'every kind of movable property other than actionable claims and money'. clearly, the expression 'movable property' is used in contradistinctions with 'immovable property'. section 3 of the transfer of property act gives a negative definition of immovable property saying that it does not include standing timber,, growing crops or grass and is, therefore not of ..... sale of lottery tickets would be beyond the ambit of entry 54 of list ii. alternatively, counsel contended that a lottery ticket is an actionable claim as defined in section 3 of transfer of property act or a chose-in-action known to english law, the ticket itself being merely a slip of paper or memorandum evidencing the right of the holder thereof to .....Tag this Judgment!