AI Overview...
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Confirming Party - A confirming party is typically a party added to a legal instrument, such as a sale deed or conveyance, to affirm or acknowledge the transaction without acquiring ownership rights or interests. Their role is primarily to prevent future disputes and confirm the validity of the agreement. MURAT VINIYOG LTD. VS REGISTRAR OF ASSURANCES - Calcutta, Pratishta Associates rep. by its Partner Smt. B. V. Manjula VS State of Tamilnadu - Madras, Keshavlal Bechardas Patel VS State of Gujarat - Gujarat
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Role in Conveyances and Sale Deeds - Confirming parties are often included in sale deeds or conveyance documents to validate the transaction. They do not become owners or holders of rights unless explicitly stated; their inclusion serves as a procedural affirmation. For example, in property transactions, a confirming party's involvement is to endorse the sale without necessarily creating a charge or interest. MURAT VINIYOG LTD. VS REGISTRAR OF ASSURANCES - Calcutta, MURAT VINIYOG LTD. VS REGISTRAR OF ASSURANCES - Calcutta, Creative Infocity Ltd. VS Gujarat Informatics Ltd. - Gujarat
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Legal Implications and Limitations - Courts have clarified that confirming parties do not automatically acquire rights or interests under property laws such as the Transfer of Property Act, 1882. Their status is that of a witness or affirming party, not an owner. For instance, in cases involving sale deeds, confirming parties are not liable for capital gains or tax unless they have a separate contractual obligation. MURAT VINIYOG LTD. VS REGISTRAR OF ASSURANCES - Calcutta, Shree Mahabir Refractories Works one of its partner Shashi Shekhar VS Ranchi Industrial Area Development Authority, RIADA - Jharkhand, Pratishta Associates rep. by its Partner Smt. B. V. Manjula VS State of Tamilnadu - Madras
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Confirming Party in Litigation and Disputes - Inclusion as a confirming party can be relevant in legal proceedings, such as appeals or criminal cases, often to establish the authenticity or acknowledgment of a transaction. However, their role does not imply ownership or liability unless specified. In some cases, confirming parties are involved as witnesses or to affirm contractual terms. Puppalagudem Satyanarayana died by LRs Smt.Anthamma vs Barla Malla Reddy - Telangana, Keshavlal Bechardas Patel VS State of Gujarat - Gujarat
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Tax and Financial Aspects - Payments made to confirming parties under genuine contractual agreements are generally not taxable to the recipient. The role of confirming parties can be manipulated to divert income or evade taxes, but legal rulings emphasize that unless a formal interest or ownership is transferred, the confirming party's payments are not taxable. SH. PREM SINGH RAJA CHAMBA vs PR. C.I.T. -1 CHANDIGARH - Income Tax Appellate Tribunal
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Conclusion - A confirming party's main function is to affirm or acknowledge a transaction without acquiring ownership rights. Their inclusion helps validate legal documents and prevent future disputes, but they do not automatically gain rights or interests unless explicitly stated. Courts have consistently held that confirming parties are distinct from owners and their role is primarily procedural. MURAT VINIYOG LTD. VS REGISTRAR OF ASSURANCES - Calcutta, Shree Mahabir Refractories Works one of its partner Shashi Shekhar VS Ranchi Industrial Area Development Authority, RIADA - Jharkhand, Pratishta Associates rep. by its Partner Smt. B. V. Manjula VS State of Tamilnadu - Madras
Search Results for "Confirming Party"
2011 0 Supreme(Guj) 809 • India - Gujarat
S.J.MUKHOPADHAYA, K.M.THAKER
2.1 An agreement entitled 'Concession Agreement' was executed by and between the appellant - CIL and the respondent - GIL, both being the Companies under the Companies Act, 1956 with one American Company in the name of "Creative IT Inc." as a confirming
1988 0 Supreme(Cal) 28 • India - Calcutta
BHAGABATI PRASAD BANERJEE
The respondent 3 was added as a confirming party in the deed of conveyance to avoid any future controversy. ... The Court further held that the respondent 3, being a confirming party and not the owner of the property, had not acquired any right ... create any interest in or charge on such property under S. 54 of the Transfer of Property Act, 1882. * The respondent 3, being a confirming ... made a confirming party. ... The confirming party#H....
• India - Allahabad High Court
BAIL - SECTION 439 CRPC - CONDITIONS - APPLICANT IS ONE OF THE CONFIRMING PARTY IN THE SALE DEED DATED 10.06.1988 AND 15.09.1998 ... Ratio Decidendi: THE APPLICANT IS ONE OF THE CONFIRMING PARTY IN THE SALE DEED DATED 10.06.1988 AND 15.09.1998 BUT THEREAFTER ... THE MOTHER OF THE APPLICANT EXECUTED SALE DEED IN FAVOUR OF INFORMANT, IN WHICH, APPLICANT WAS ONE OF THE WITNESS AND HE IS ALSO CONFIRMING ... According to the allegation made in the FIR, the mother of the applicant executed sale deed in fa....
2014 0 Supreme(Mad) 4492 • India - Madras
V.RAMASUBRAMANIAN
The instrument where the prior agreement holder merely joined as a confirming party in order to acquiesce himself to the subsequent ... of the duties - Even if it is assumed for a minute that an instrument of sale, to which, the prior agreement holder joins as a confirming ... come within the purview of Article 23 - If in a sale deed which comes under Article 23, a prior agreement holder is included as a confirming ... Otherwise, there would be no necessity to include agreement holder as an executant even as a matter of ....
2025 Supreme(Online)(Tel) 21530 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ANIL KUMAR JUKANTI
Second Appeal No.955 of 2007 is filed by appellants challenging the judgment and decree, dated 28.02.2007, in A.S.No.17 of 1997 on the file of II Additional District and Sessions Judge (FTC), Medak, at Sangareddy, confirming the judgment and decree passed by Additional District Munsif, at Sangareddy,
2015 0 Supreme(Jhk) 238 • India - Jharkhand
SHREE CHANDRASHEKHAR
The court found that the auction sale in favor of the petitioner was not binding on the respondent-RIADA as it was not a confirming ... Ratio Decidendi: The auction sale in favor of the petitioner was not binding on the respondent-RIADA as it was not a confirming ... party to the documents executed between the petitioner and the Bihar State Financial Corporation. ... The respondent-RIADA is not a confirming party either to the mortgage deed or the sale agreement and copies of which were never supplied ....
2025 Supreme(Online)(ITAT) 5294 • India - Income Tax Appellate Tribunal (Chandigarh Bench)
LALIET KUMAR, J, MANOJ KUMAR AGGARWAL, AM
It established that funds paid to a confirming party under a genuine contractual agreement are not taxable to the assessee. ... AO failed to examine the taxability of Rs. 25,59,41,336/- paid by the purchaser to the confirming party. ... The inclusion of Hemali Resorts as a confirming party was therefore alleged to be a device to divert income. ... The differential amounts were paid by the buyer directly to the confirming party, M/s Hemali Resorts Pvt....
2023 0 Supreme(Del) 3085 • India - Delhi
NEENA BANSAL KRISHNA
LOAN AGREEMENT - MONEY LENDING - INTEREST - USURIOUS LOANS ACT - LIMITATION - ACKNOWLEDGEMENT - CONTRACT ACT - CONFIRMING PARTY ... (iii) The plaintiff was entitled to recovery of the loan amount from the borrowers, but not from the other defendants (confirming ... (iii) The plaintiff was entitled to recovery of the loan amount from the borrowers, but not from the other defendants (confirming ... There is no duty cast upon confirming party to repay the loan amount in case of failure on....
1976 0 Supreme(Cal) 42 • India - Calcutta
S.C.DEB, DIPAK KUMAR SEN
- Assessee directed to join as confirming party to conveyance - No capital gains accrued to assessee. ... The suit was ultimately decreed in favor of the third party, and the assessee was directed to join as a confirming party to the conveyance ... property - Assessee purchasing property during pendency of litigation - Subsequent decree for specific performance in favour of third party ... The indenture recording the transfer is principally by Sur Estates, the vendor, and the assessee ....
2017 0 Supreme(Guj) 1806 • India - Gujarat
B.N.KARIA
proceedings shall not be exercised since petitioner no. 1 is not bona fide purchaser and respondent no. 2 son of petitioner is not confirming ... party. ... It appears from the second sale deed executed on 13th February 2007 by one Jijaji Manganji Thakor, who is shown as a party confirming of the sale deed that the petitioner no.2-Bhaveshkumar Keshavlal Patel, as a power of attorney of the confirming party namely Jijaji Mangaji Thakor and put his signature ... Particularly, the petitio....
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