Search Results for "Section 38(3)"

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High Court of Karnataka Dismisses Customs Department's Reference Application in Export Valuation Case. Tribunal's finding that facts were indistinguishable from precedent upheld, no question of law arises.

The Principal Commissioner of Customs filed a Civil Petition under Section 130A of the Customs Act, 1962, challenging the final order of the Central E...

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Karnataka High Court Division Bench Hears Appeals Against Single Judge Order Quashing SARFAESI Auction Sale. Single Judge Had Canceled Sale Deed of Agricultural Land for Non-Compliance with Statutory Notice Requirements and Prohibition on Selling Agricultural Land under SARFAESI Act, 2002.

The dispute arose from a writ petition filed by a borrower challenging the auction sale of his property under the Securitisation and Reconstruction of...

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Supreme Court Allows Appeal by Lineal Descendant in Succession Certificate Revocation Case. Respondent Held to Have No Locus Standi as She Was Not a Lineal Descendant of the Deceased Under Section 33(a) of the Indian Succession Act, 1925.

The appeal arose from a proceeding to revoke a Succession Certificate granted to the appellant, Joseph Easwaran Wapshare, on 16.03.2005, in respect of...

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Bombay High Court Upholds Daughter's Right to Coparcenary Share Under Amended Section 6 of Hindu Succession Act Despite Father's Death Before 1956 Act. Daughter Granted 1/4th Share in Suit Property as Amendment is Retrospective and Confers Coparcenary Rights from Birth.

The case involves a second appeal before the Bombay High Court challenging the judgments of the trial court and the first appellate court in a partiti...

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Supreme Court Dismisses Union of India's Appeal in Land Acquisition Compensation Case — Lease Not Fraudulent. High Court's finding that lease was validly granted by Gaon Sabha with due approval upheld; no fraud established to vitiate earlier decree.

The Union of India and another appealed against the High Court of Delhi's judgment dated 21.05.2007, which allowed the respondents' appeals and set as...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Application for Dismissal of Proceedings Under Bombay Regulation VIII of 1827. Successive Applications for Legal Heirship Certificate Are Maintainable as Proceedings Under the Regulation Are Summary in Nature and Not Barred by Res Judicata.

The petitioners, Parvatabai and Suresh More, filed a writ petition challenging an order dated 18/06/2018 passed by the 11th Joint Civil Judge Senior D...

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Bombay High Court Quashes Land Acquisition Under MHADA Act Due to Non-Compliance with Section 41(1) Proviso and Lapse of Urban Land Ceiling Proceedings. Acquisition Notification Held Invalid as Land Already Vested in State Under Urban Land Ceiling Act Was Not Available for Acquisition Under MHADA Act.

The case involves a challenge to the acquisition of land bearing Survey No. 113/3 and 115/6 at Solapur under the Maharashtra Housing and Area Developm...

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Bombay High Court Allows Court Receiver's Report and Additional Report in Land Dispute — Directs Demarcation and Removal of Encroachments. Court upholds Receiver's authority to manage suit property and take steps to protect it from unauthorized development.

The case pertains to a long-standing dispute over land survey No.34/1 and 35/3 at Panchpakhadi, Thane. The appellants had challenged a trial court ord...