Law: Civil Procedure Code (V of 1908)

Section: S.100,O.VII,R.1(g)

(a) Words and phrases--- ---"Sale"---Meaning. The Concise Oxford Dictionary Eight Edition, Edited by R.E. Allen; Black's Law Dictionary Sixth Edition; Electric Supply Corporation Ltd. v. Commissioner of Income Tax AIR 1951 Cal. 151; Tatoba Ganu v. Tarabai AIR 1957 Bom. 280; Mst. Wajida Begum and others v. Mst. Shamim Akhtar and others 2004 CLC 231; Ali Muhammad and others v. Chief Settlement and Rehabilitation Commissioner and others 1984 SCMR 94; Saleem Akhtar v. Ronak Ali PLD 2000 Lah. 385 and Muhammad v. Allah Ditta 1990 CLC 765 ref. (b) Words and phrases--- ----"Gift---Meanings. The Concise Oxford Dictionary Eight Edition, Edited by R.E. Allen; Black's Law Dictionary Sixth Edition; A Code of Muslim Personal Law" by Dr. Tanzil-ur-Rhaman (First Edition) and Mst. Manzoor Mai v. Abdul Aziz 1992 CLC 235 ref. (c) Transfer of Property Act (IV of 1882)--- ----Ss.54 & 122---"Sale" and "gift"---Distinction. Main difference between "sale" and "gift" is that in a case of sale, the consideration and exchange of money is an essential element and condition precedent, whereas in the case of the "gift", there is no such condition precedent. The only condition precedent to a valid "gift" is the transfer of possession, however, the mode and manner of delivery of possession is dependent upon the nature and character of a property keeping in view the overall circumstances of each case. Muhammad Sadiq and 2 others v. Barkat Ali and 4 others 1990 CLC 533; Muhammad Hussain and others v. Miran Bakhsh and others 1989 SCMR 1064; Ghulam Muhammad and another v. Muhammad Ashraf and 2 others PLD 1981 SC (AJ&K) 118; Muhammad Bashir v. Mirza and others 1987 SCMR 1277; Talib Hussain v. Muhammad Boota and others in (Civil Appeal No.40 of 2006 decided on 28-5-2012) and D.F. Mulla's Principles of Muhammadan Law, Chap. XI, Section 138ref. A Code of Muslim Personal Law" by Dr. Tanzil-ur-Rahman (First Edition); Electric Supply Corporation Ltd. v. Commissioner of Income Tax AIR 1951 Cal. 151; Tatoba Ganu v. Tarabai AIR 1957 Bom. 280; Mst. Wajida Begum and others v. Mst. Shamim Akhtar and others 2004 CLC 231; Ali Muhammad and others v. Chief Settlement and Rehabilitation Commissioner and others…

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