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Bombay High Court at Goa Dismisses Appeal for Enhanced Compensation in Land Acquisition Case — Market Value Fixed at Rs.7 per sq.metre Based on Lack of Comparable Sales Evidence. Reference Court's rejection of claim for Rs.300 per sq.metre upheld as sale deeds relied upon were not comparable due to location and development differences....

The appellant, The Fabrica of the Church of Benaulim, owned land in Benaulim village that was acquired by the Government of Goa for construction and black topping of a road. The acquisition was initia...

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Bombay High Court Allows Appeal in Income Tax Case — Section 249(4) of Income Tax Act, 1961, is Directory, Not Mandatory. Non-Payment of Self-Assessment Tax at Time of Filing Appeal Does Not Bar Appeal if Tax Paid Before Hearing....

The case involves an appeal by Shri Bharatkumar Sakhsaria against the order of the Income Tax Appellate Tribunal dated 31-10-2001, which held his appeal before the Commissioner of Income Tax (Appeals)...

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Bombay High Court Acquits Accused in Corruption Case Due to Lack of Demand and Acceptance of Bribe. Conviction under Section 7 of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt....

The appellant, Ashanand Ramji Fulekar, was convicted by the 1st Additional Principal Judge and Special Judge (CBI) on 28.1.2009 for an offence punishable under Section 7 of the Prevention of Corruptio...

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Bombay High Court Dismisses Petition Challenging Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — Petition Filed Beyond Limitation Period as Application Under Section 33 Does Not Extend Time for Challenging Award....

The petitioner, Shri Amit Suryakant Lunavat, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 16th May 2009, which he received on 1s...

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Bombay High Court Dismisses Appeal Against Refusal of Impleadment in Suit for Declaration and Injunction — Appellants Not Necessary or Proper Parties Under Order 1 Rule 10 CPC. Lessors Who Transferred Reversionary Interest Have No Subsisting Right to Be Impleaded in Dispute Between Lessee and Purchaser of Reversion....

The appeal arose from an order of a learned Single Judge of the Bombay High Court declining to implead the appellants under Order 1 Rule 10 of the Code of Civil Procedure, 1908. The suit was institute...

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Bombay High Court Allows Transfer of Divorce Petition from Nanded to Pune on Wife's Convenience. Wife's convenience and hardship of travel with a two-year-old child considered paramount under Section 24 CPC....

The applicant, Mrs. Chaya Barajdar, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of a divorce petition filed by her husband, Balaji B...

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Bombay High Court Upholds Conviction of Appellants in Murder and Grievous Hurt Case — Common Intention and Unlawful Assembly Established. The court confirmed life imprisonment for murder under Section 302 read with Section 34 IPC and four years RI for grievous hurt under Section 326 read with Section 149 IPC....

The judgment pertains to two criminal appeals arising from Sessions Trial No. 117/2003. The appellants in Criminal Appeal No. 3/2006, Sachin Chate and Sandip Waghmare, were convicted under Section 302...

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Bombay High Court at Goa Dismisses Appeal as Incompetent in Matrimonial Suit — Appeal from Civil Judge Sr. Division Lies to District Court Under Section 6 of Goa Civil Courts Act, 1965. Husband's appeal against dismissal of divorce suit filed in High Court instead of District Court held not maintainable....

The appellant, Vishwas M. Korde, filed a suit for dissolution of marriage against his wife, Vanamala Korde, in the Court of Civil Judge, Sr. Division, Ponda, Goa. The suit was valued at Rs.75,000/- fo...

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High Court of Bombay at Goa Allows Appeal by State in Land Acquisition Case, Reduces Compensation from Rs.100 to Rs.11 per sq m. Sale deed executed after Section 4 notification and for adjoining land held not comparable for determining market value under Land Acquisition Act, 1894....

The case pertains to an appeal by the Dy. Collector & S.D.O. and the Executive Engineer against the judgment and award of the Additional District Judge, South Goa, Margao, in Land Acquisition Case No....