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Bombay High Court Dismisses Revenue's Appeal in Service Tax Case Against SEBI. Regulatory fees collected under SEBI Act, 1992 are statutory levies, not consideration for taxable service under Finance Act, 1994.

The Principal Commissioner of CGST & Central Excise, Mumbai East, filed an appeal under Section 35(G) of the Central Excise Act, 1944 against the orde...

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Bombay High Court Dismisses Petition Challenging Revenue Tribunal Order in Land Mutation Dispute. Mutation Entry Does Not Confer Title; Dispute Over Succession Rights to Agricultural Land Requires Civil Court Adjudication.

The petitioners, legal heirs of Yeshwant Jadhav, filed a writ petition challenging an order of the Maharashtra Revenue Tribunal, Aurangabad, which set...

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Bombay High Court Dismisses Revision Against Order Setting Aside Ex-Parte Decree in Suit for Possession and Mesne Profits. Court Holds That Sufficient Cause for Setting Aside Ex-Parte Decree Must Be Liberally Constructed Under Order 9 Rule 13 CPC.

The present civil revision application arises from an order passed by the trial court setting aside an ex-parte decree. The petitioners, who were the ...

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Bombay High Court Allows Second Appeal in Fragmentation Act Case — Preferential Right of Contiguous Land Owner Upheld. Sale of Fragmented Land to Non-Contiguous Purchaser Violates Section 7 of Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947.

The appellant, Vilas Shivmurti Munde, filed a second appeal against the dismissal of his suit for declaration and injunction. The suit sought to decla...

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Bombay High Court Partly Allows Appeal by Acquiring Body, Reduces Compensation in Land Acquisition Case. Reference Court's Enhancement from Rs.102 to Rs.1000 per sq m Set Aside; Compensation Fixed at Rs.200 per sq m Based on Comparable Sales and Development Deduction.

The case involves an appeal by the Cuncolim Municipal Council against the judgment and award of the Reference Court in Land Acquisition Case No.27/201...

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Bombay High Court Upholds Wakf Tribunal Decree for Possession of Wakf Property — Succession as Mutawalli Valid Under Atiyat Act. Property Registered as Wakf in 1975 Government List and Revenue Records Confirms Wakf Character, Defendant's Adverse Possession Claim Fails.

The case involves a civil revision application filed by Tukaram Dashrath Hiwre (original defendant No.1) against the judgment and order of the Wakf Tr...

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High Court of Karnataka Allows Writ Petition Challenging Rejection of Sale Deeds as Inadmissible for Want of Stamp Duty — Held that Documents Executed by Sovereign Ruler Are Exempt from Stamp Duty Under Article 363 of the Constitution and Section 3 of the Karnataka Stamp Act, 1957

The petitioner, H H Jyotendra Sinhji Vikramsinhji, represented by his power of attorney holder Girish, filed a writ petition under Articles 226 and 22...

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Supreme Court Upholds Election of Returned Candidate in Gujarat Legislative Assembly Dispute Over Oath Translation. Use of 'Rajya Sabha' in Gujarati Oath to Translate 'Legislative Assembly' Held Not to Vitiate Oath, as Essential Requirements of Article 173 Were Met.

The dispute arose from the election to the Gujarat Legislative Assembly held in February 1967. The returned candidate, Nathalal Premji Bhanvadia, had ...

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Bombay High Court Discharges Public Servants in Jail Sepoy Recruitment Scam Case for Lack of Sanction Under Section 197 CrPC. Alleged Acts of Tampering with Marks Were Part of Official Duties, No Prima Facie Case of Criminal Conspiracy Made Out.

The Bombay High Court allowed a batch of writ petitions challenging the rejection of discharge applications by the Special Judge in a corruption case ...