Sales Tax

Goods

— Lotteries — Liability to sales tax — If <169>goods<170> for the purpose of sales tax laws — Held, though lotteries being actionable claims are generally speaking <169>goods<170> or movable property, lotteries are not <169>goods<170> for the purpose of sales tax laws, actionable claims being expressly excluded from the definition of goods for the purpose of sales tax laws — H. Anraj, (1986) 1 SCC 414, overruled prospectively on this point from the date of this decision — Contention that lottery ticket itself is subject-matter of sale which is assessable to sales tax, rejected, (2006) 5 SCC 603-A

Gaming/Gambling, Lotteries and Prize Competitions

Lotteries

— Nature of — Held, lottery tickets are actionable claims, and are only evidence of the transfer of a right to a conditional benefit of winning a prize — Separation of right to participate in the draw as being distinct from the conditional right to win, as done in H. Anraj, (1986) 1 SCC 414, was erroneous — There is no such distinction, right to participate in the draw being a part of the conditional right to win, (2006) 5 SCC 603-B

Transfer of Property Act, 1882

— S. 3 — Actionable claims — Nature of existence possible — Temporal existence — Held, an actionable claim may be existent in praesenti, accruing, conditional or contingent, (2006) 5 SCC 603-C

Contract

Specific contracts

— Other contracts — Sale of ticket — Nature and incidents of the transaction, discussed — Held, tickets are themselves normally evidence of and in some cases the contract between buyer and seller — A ticket can be held to be goods or movable property if it evidences the transfer of a right, (2006) 5 SCC 603-D

Contract

Generally

— Nature of contract — Held, a contract is not property, but only a promise supported by consideration, upon which either a claim for specific performance or damages would lie, (2006) 5 SCC 603-E

Jurisprudence

Conceptual Jurisprudence

— Entitlements — Rights — Complex rights — Legal definition of a right which can be sub-divided, held, would depend on the legally recognisable right into which the lesser, sub-divided rights culminate, (2006) 5 SCC 603-F

Constitution of India

— Art. 366(29-A)(a) — Requirements for transaction to fall under, enumerated, (2006) 5 SCC 603-G

Sales Tax

Goods

— Actionable claims if <169>goods<170> — Actionable claims, if included in definition of <169>goods<170> for purposes of sales tax laws — Held, though actionable claims per se are <169>goods<170> and movable property, they have been uniformly excluded from the definition of goods in State sales tax laws — Hence actionable claims are not <169>goods<170> for the purpose of sales tax laws, (2006) 5 SCC 603-H

Sales Tax

Goods

— <169>Goods<170> — Meaning of, in sales tax laws — Held, when used in the definition of <169>goods<170> in different sales tax statutes, word <169>property<170> means the subject-matter of ownership, (2006) 5 SCC 603-I

Sales Tax

Sale

— <169>Sale<170> — Meaning of, in sales tax laws — Held, word <169>property<170> used in context of <169>sale<170> in sales tax laws means transfer of ownership in goods, (2006) 5 SCC 603-J

Transfer of Property Act, 1882

— S. 3 — Actionable claims — Concept of — Discussed in detail, and instances given — Held, every claim is not an actionable claim — It must be a claim either to a debt or to a beneficial interest in movable property and the movable property must not be in possession of the claimant, (2006) 5 SCC 603-K

Transfer of Property Act, 1882

— Ss. 130 and 3 — Actionable claims — Transferability of — Held, the same are transferable, both under S. 130 and dehors S. 130 — Situations and instances, discussed — Hence, clarified that it was erroneously assumed in Vikas Sales, (1996) 4 SCC 433, that actionable claims are not transferable, and erroneously concluded therefore that it is this feature that distinguishes them from other goods covered by definition of <169>goods<170> in Sale of Goods Act, 1930, (2006) 5 SCC 603-L

Sales Tax

Goods

— REP/DEPB licences — Whether goods — Question left open, (2006) 5 SCC 603-M