...deals with transfers of actionable claims) applies to stocks and shares, and Section 28 of the Indian Companies Act states that shares constitute movable property. Secti...Act repealed the whole of the chapter. Section 72 (one of the repealed sections) denned 'goods' as meaning every kind of movable property; and as shares are movable property, they were goods...property as being on the same basis as an equitable mortgage of immovable property and therefore an equitable mortgage of movable property could not be effected outside the towns specified in the...

...last clause relating to movable property clearly refers both to the share that Sohan Lal got in the movable property by severance of status and specification of shares in the preliminary decree and to...the joint family property by severance of status and specification of shares. [162 C-F] The will was executed after the partition suit had been filed and after a preliminary.... The result was that the High Court redistributed the shares and declared that Phool Chand was entitled to four-fifteenths share of the property, Gopal Lal to seven-fifteenths share and Rajmal to four...

...immovable property. Obviously, shares cannot become immovable property because shares are very much movable property and continue to be movable.6. I note that it was argued ...mortgaged shares results in the shares becoming an immovable property.3. In support of the arguments that the shares become immovable property when given as a mortgage, reliance is...called a mortgage and it is not observed in this judgment that shares become immovable property. All that is observed in the judgment in the case of Shatzadi Begum (supra) is that shares given as security...

...considered opinion, the shares are movable property and the ownership over the same is transferred on delivery of shares. Simply because the payment of cheque was not encashed during the previous year...is that the ld. CIT(A) erred in directing the Assessing Officer to treat the sale of 1 lakhs shares of Pushpa Packages Ltd. as genuine, thereby allowing the Long term capital loss of Rs. 18,18,919/- to...sale of equity shares of Pushpa Packages Ltd. for the following reasons:a) The appellant had not submitted Broker's Bill and evidence of delivery;b) The sale proceeds of...

...definition of "goods" in section 2(h) of the apgst act is more exhaustive and runs as follows : "(h) '"goods"' means all kinds of movable property other than actionable claims, ...they were sold. He further submits that even intangible property is movable property and would come within the meaning of "goods" and that even according to the petitioners software is intellectual...property, therefore it would also be a movable property; and that even otherwise the software packages when sold as commercial items would fall within the meaning of "goods" under section 2(h) read with...

...(1986) 1 SCC 414 thus:“2. (j) ‘goods’ means all kinds of movable ...) ‘goods’ include all kinds of movable property other than actionable claims, stocks, shares or securities;(g) ‘sale’ means any transfer of property in goods..., 1930 which reads:“2. (7) ‘goods’ means every kind of movable property other than actionable claims and money; and includes stock and shares, growing crops, grass and...

...relevant provisions.7. Section 2(1)(h) of the said Act reads as follows:“2. (1)(h) ‘Goods’ means all kinds of movable property other than actionable claims, stocks, ...said Act is a very wide definition. He submitted that “goods” have been defined to mean all kinds of movable property except those specified, namely, actionable claims, stocks, shares and securities...those goods used or to be used in the construction, fitting out, improvement or repair of movable or immovable property and also includes all growing crops, grass and things attached to or forming part...

...enacted, the definition read: “(d) ‘goods’ includes all materials, articles, commodities and all other kinds of movable property but does not include actionable claims, stocks, shares and securities..., commodities and all other kinds of movable property, but does not include newspapers, actionable claims, stocks, shares and securities;”7. Now the situation is...before the words “actionable claims, stocks, shares and securities”. After the amendment, the definition reads as follows:“‘goods’ includes all materials, articles...

...” includes any interest in property, movable or immovable. It is clear that shares are movable property since they are not immovable property; and under the...family properties. It is true that these 1, 320 shares were existing movable property but she had no right in that existing property prior to actual partition by metes and bounds. At page 413 of the...cannot be said that she had any interest in this particular property, viz., 1,320 shares, which constituted movable property. It is, therefore, clear that since she had no existing interest in the movable ...

...movable property excluding the gold ornaments referred to above whatever and wherever I possess at the time of my death to my two sons viz. Krishan Kumar Ahuja and Ashok Kumar Ahuja and my daughter Shrimati Usha Bajaj in equal ...the bequest by transferring to the named beneficiaries what was intended to be transferred after her death. It was pleaded that the property at Bombay which was bequeathed in favour of the propounder...pleadings of contemporaneous conduct of the testatrix, it was denied that the property in Bombay was transferred by the testatrix in name of the propounder. It was pleaded that the husband of the propounder...

...submission that the succession has been sought only in respect of certain shares which constitute movable property that is regulated by the law of the country in which the testator was domiciled which in...of the Will annexed) to the property and credits of the deceased Eden George Wallace for the use and beneft of David Lycett Wallace as such executor and limited until he obtains Probate of the said...proving the Will and which has been deposited in this Court. Accordingly, this Court granted the letters of administration with a copy of the Will annexed to the property and credits of the deceased Eden...

..., the shares are movable property and the ownership over the same is transferred on delivery of shares. Simply because the payment of cheque was not encashed during the previous year does not mean that...lakhs shares of M/s Pushpa Packages Ltd as genuine, thereby allowing the Long term capital loss of Rs. 18,18,919/- to be set off against the long term capital gain on sale of land. 3...assessment, the Assessing Officer disallowed Rs. 18,18,919/- which was claimed by the assessee as long term capital loss on sale of equity shares of M/s Pushpa Packages Ltd. for the following reasons...

...the purchaser in pursuance to its sale transaction and therefore, the ld. CIT(A) was not justified in holding the transaction as genuine. In our considered opinion, the shares are movable property and the ownership over the... 2. Grievance of the Revenue in this appeal is that the ld. CIT(A) erred in directing the Assessing Officer to treat the sale of 1 lakhs shares of M/s Pushpa Packages Ltd as genuine.... 18,18,919/- which was claimed by the assessee as long term capital loss on sale of equity shares of M/s Pushpa Packages Ltd. for the following reasons: a) The appellant had not...

...:“(j) ‘goods’ means all kinds of movable property (other than newspapers, actionable claims, stocks and shares and securities) and includes all materials, commodities, and...articles (including those to be used in the fitting out, improvement or repair of moveable property); and all growing crops, grass or things attached to, or forming part of, the land which are agreed...

...be dismissed for the following reasons:16. Shares are movable property and the manner of transfer is provided under section 82 o...the manner provided by the articles of the company.”17. In execution of decrees by the sale of movable property, different procedures are provided under Order 21 of the Civil Procedure Code....21, rules 79(1)(2) and (3). Delivery of movable property, debts and shares.—(1) Where the property sold is movable property of which actual seizure has been made, it sha...

..., AIR 1992 SC 453 this Court held that shares being movable property, a shareholder has a free right to transfer his shares. Such right ca...Courts Act, any property, movable or immovable, or both, belonging to any person notified stands attached. Therefore there is a statutory attachment of ‘any property belonging to the person notified...the Code and any other law for the time being in force, on and from the date of notification under sub-section (2), any property, movable or immovable, or both, belonging to any person notified under...

.... “Goods” have been defined in the Sale of Goods Act, 1930 to mean“every kind of movable property other than actionable claims and money; and includes stock and shares, growing...Act, these choses in action are goods. By the definition of goods as every kind of movable property it is clear that, not only registered shares, but also this class of choses in action, are goods...company having issued debentures as transferable property would not arise and thus there cannot be any doubt whatsoever that the shares before their allotment would not come into existence and they...

...movable property, namely, the shares. According to the learned counsel, till allotment is made, shares did not exist. It is only on allotment that shares come into existence. In this connection, learned...(xii) in the appellant issuing bonus shares in the ratio of 1:23 in April/May 1986?Answer to Question 14. On 29-1-1986 the appellant...Company, on the other shareholders not exercising the option given to them to take up the right shares issued by the appellant, allotted them to the seven investment companies, who were the...