Search Results for "Finance Act 1951"

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High Court of Karnataka Allows Appeal in Property Suit — Trial Court Erred in Rejecting Plaint Under Order VII Rule 11(d) CPC. Suit for Declaration of Title and Possession Not Barred by Limitation as Plaintiff Was in Possession Within 12 Years of Filing.

The appellant/plaintiff filed a suit for declaration of title and possession against the respondents/defendants in O.S.No.7993/2000 before the XVI Add...

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Supreme Court Allows Appeal in Mortgage Suit: High Court Erred in Holding No Mortgage Created Despite Agreement to Deposit Title Deeds. Equitable Mortgage by Deposit of Title Deeds Under Section 58(f) of Transfer of Property Act, 1882 Established Through Agreement and Evidence.

The dispute arose from a loan transaction between the appellant (plaintiff) and the respondent (defendant) in February 1995, where the appellant advan...

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High Court of Karnataka Allows Election Petition Challenging Disqualification Under Section 12(h) of Karnataka Gram Swaraj and Panchayat Raj Act, 1993 — Petitioner's Interest in Panchayat Work Not Proved

The petitioner, Sri B T Kumar, filed an election petition under the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 challenging the election of resp...

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Bombay High Court Dismisses Union's Challenge to Tribunal Order Refusing to Treat Company's Closure Application as Withdrawn. Held that the Tribunal's refusal was not perverse and the Union's application was premature under Section 25-O of the Industrial Disputes Act, 1947.

The judgment concerns two writ petitions filed by the General Motors Employees Union challenging an order of the Industrial Tribunal dated 28.04.2023 ...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Fresh Material. Reopening Based on Mere Change of Opinion on Allowability of Sales Promotion and Physician Sample Expenses is Invalid.

The petitioner, Abbott India Limited (successor of Solvay Pharma India Ltd.), challenged a notice dated 27 March 2015 issued under Section 148 of the ...

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Bombay High Court Dismisses Appeal in Family Property Dispute — Upholds Injunction Against Father from Alienating Joint Family Property. Minor Children's Suit for Partition Through Next Friend Held Maintainable Under Order 32 Rule 1 CPC.

The case involves a family dispute over property. The appellant, Ajay Kumar Garg, is the father and the respondents are his minor children (Avyaay Ani...

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Supreme Court Allows State Appeals in Land Acquisition Case — Doctrine of Legitimate Expectation Cannot Override Statutory Acquisition Process. Industrial Development Constitutes Valid Public Purpose Under Land Acquisition Act, 1894.

The appeals arise from a common judgment of the Uttarakhand High Court dated 02.11.2018, which dismissed the appeals filed by the appellants (the Stat...

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Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case — Lack of Specific Allegations of Role in Day-to-Day Affairs. Directors Cannot Be Vicariously Liable Under Section 141 of Negotiable Instruments Act, 1881 Without Averments of Their Involvement in Company's Business.

The petitioners, including a company and its directors, challenged the order issuing process under Section 138 read with Section 141 of the Negotiable...