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Bombay High Court Allows MCGM Appeal in Property Tax Assessment Case — Land Under Construction Held Assessable as 'Land' Under Section 154 of Mumbai Municipal Corporation Act, 1888. The Small Causes Court erred in holding that land under construction cannot be assessed until building is complete.

The Bombay High Court allowed the appeal filed by the Municipal Corporation of Greater Mumbai (MCGM) against the judgment of the Small Causes Court at...

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Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Not Disturbed. Plaintiff failed to prove title and encroachment over 2 gunthas of land; courts below held that defendant had acquired title by adverse possession.

The plaintiff, Kisanlal Maniklal Rathi, filed a suit for possession of 2 gunthas of land from survey no. 75/4-A at Nandura, claiming ownership through...

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Karnataka High Court Reserves Judgment on Cross Appeals in Land Acquisition Act, 1894 Dispute. Court Considers Market Value Determination and Development Charges Deduction for Acquired Land.

The case involved cross appeals arising from a land acquisition compensation dispute under the Land Acquisition Act, 1894. The landowner, Nalini, owne...

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Bombay High Court Allows Writ Petition Challenging Land Acquisition Award Due to Lapse Under Section 11A of Land Acquisition Act, 1894. Land Acquisition Proceedings Deemed Lapsed as Award Was Not Made Within Two Years of Section 6 Declaration.

The petitioner, Haribhau Narayan Chikane, filed a writ petition under Article 226 of the Constitution of India challenging the land acquisition award ...

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Bombay High Court Allows Appeal Against Remand Order in Property Dispute Over Well Ownership and Construction Obstruction. Lower Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23 CPC by Remanding Without Finding on Preliminary Point.

The appellant-defendant appealed against the judgment and order dated 27 November 2020 passed by the learned Principal District Judge, Amravati, in Re...

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Supreme Court Allows Appeal in Karnataka Land Reforms Case — Restores Land Tribunal's Grant of Occupancy Rights Over Punja Land. The Court held that the High Court erred in setting aside the Tribunal's findings of fact regarding possession and cultivation as on the appointed date.

The case involves a dispute over occupancy rights under the Karnataka Land Reforms Act, 1961. The appellant's predecessor, Bona Menezes, claimed tenan...

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Supreme Court Allows Appeal in Karnataka Land Reforms Act Case — Restores Land Tribunal's Order Granting Occupancy Rights. Possession and Cultivation of Punja Land as on Appointed Date Sufficient to Establish Tenancy Under Sections 44 and 45 of the Karnataka Land Reforms Act, 1961.

The Supreme Court allowed the appeal against the High Court's judgment that had set aside the Land Tribunal's order granting occupancy rights to the a...

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High Court of Bombay at Goa Dismisses State Appeal in Land Acquisition Compensation Case; Upholds Enhanced Compensation Based on Comparable Sale Instances and Rejects State's Contentions on Agricultural Land and Tenant Status.

The High Court of Bombay at Goa heard a first appeal filed by the State against the judgment and award of the Reference Court enhancing land acquisiti...

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High Court of Bombay at Goa Allows Revenue Appeal in Capital Gains Tax Case — Land Held Not Agricultural Despite Plantation. Sale of Land Adjacent to Five-Star Hotels at High Price Indicates Non-Agricultural Character Under Section 2(14) of Income Tax Act, 1961.

The case involves two appeals filed by the Commissioner of Income Tax (Revenue) against the assessees, husband and wife, who sold their ancestral prop...