Search Results for "section 53A"

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High Court of Karnataka Allows Appeal in Property Injunction Suit — Plaintiff Fails to Prove Possession. Suit for Permanent Injunction Dismissed as Plaintiff's Possession Not Established and Title Not Proven, Relief of Declaration Not Sought.

The appellant, Smt. Sabiha Banu R, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and de...

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Bombay High Court Dismisses Writ Petition for Land Allotment Under Displaced Persons Act Due to Laches. Court Holds That Displaced Persons Act, 1954 Does Not Envisage Issuance of Orders by Custodian for Execution of Compensation Claims.

The petitioner, Chandru Mirchandani, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a direc...

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Bombay High Court Quashes Stamp Duty Demand Against IT Company in Lease Deed Classification Dispute. Lease Deed for Software Development Held Not a 'Building Lease' Under Maharashtra Stamp Act, 1958.

The petitioner, Synechron Technologies Pvt. Ltd., an IT company, challenged an order dated 15.10.2019 passed by the Chief Controlling Revenue Authorit...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income-tax Act, 1961 for Lack of Fresh Material. Reopening Based on Mere Change of Opinion on Capital Gains Computation is Invalid.

The petitioners, A&J Associates (a partnership firm) and its partner Ajay Dilkhush Sarupria, challenged a notice under Section 148 of the Income-tax A...

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Supreme Court Upholds Validity of Prior Sale Deed Despite Purchaser's Absence During Registration Under Registration Act, 1908. Presence of purchaser not required under Section 32 of Registration Act, 1908 for registration of conveyance deed.

The appeal arose from a suit for declaration and permanent injunction filed by H.P. Puttaswamy (appellant) claiming ownership and possession of a prop...

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Bombay High Court Upholds Conviction of Father for Raping Minor Daughter Based on DNA Evidence Despite Hostile Witnesses. Scientific evidence alone sufficient to prove paternity of child born from incestuous rape under Section 376 IPC and POCSO Act.

The appellant, Salim Ahmed Ansari, was convicted by the Special Judge under the POCSO Act, Nagpur, for the rape of his own minor daughter. The prosecu...

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High Court of Karnataka Dismisses Petition Challenging DNA Test Order in POCSO Case — Accused Cannot Claim Right Against Self-Incrimination for DNA Sampling in Rape Investigation. DNA test is a scientific test not amounting to testimonial compulsion under Article 20(3) of the Constitution of India.

The petitioner, Devappa Halageri, was accused of raping a minor girl, resulting in her pregnancy and delivery of a child. The Koppal Rural Police regi...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. The court held that the plaintiff's title as sole heir was established and the defendant failed to prove adverse possession.

The second appeal arose from a suit for possession and mesne profits filed by the original plaintiff (since deceased, represented by legal heirs) agai...