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Madras High Court Dismisses Revenue's Appeal in Capital Gains vs Business Profits Dispute. Profit on Sale of Land Held as Capital Gains Where Assessee Not in Property Development Business.

The case involves an appeal by the Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal for assessment year 2004-05. The a...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Deemed Conveyance Under MOFA Due to Pending Title Dispute. Availability of Alternate Civil Suit Remedy Renders Writ Petition Under Article 227 Not Maintainable.

The petitioner, M/s. Blue Heaven Co-op Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the orde...

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Bombay High Court Allows Appeal in Land Acquisition Case — Compensation Enhanced from Rs. 40,000 to Rs. 1,00,000 per Hectare. Irrigated Land with Development Potential Justifies Higher Market Value Under Section 23 of Land Acquisition Act, 1894.

The appellant, Fatimabegum, owned agricultural land in Gondwakadi, Yavatmal, comprising Gat No.79 (4.64 hectares) and Gat No.53 (4.46 hectares). The l...

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Bombay High Court Dismisses Appeal Against Refusal of Temporary Injunction in Property Dispute — Plaintiffs Failed to Establish Prima Facie Case and Balance of Convenience. Court held that disputed questions of title and possession cannot be decided in injunction proceedings without proper evidence.

The present appeals arise from a property dispute between M/s Girdhar Creations and others (original plaintiffs) and Baban Baburao Rathare and others ...

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Bombay High Court at Goa Dismisses Appeal in Land Acquisition Case — Compensation Rate of Rs.7 per sq m Upheld. Reference Court's rejection of enhancement claim affirmed as appellants failed to prove market value higher than awarded.

The case pertains to an appeal filed by the legal representatives of Vaikunth Gopinath Poi Panandikar (since deceased) against the judgment and award ...

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Bombay High Court Allows Claimant's Appeal in Land Acquisition Compensation Case — Enhances Compensation for Developed Land Abutting National Highway. Market Value Determined Based on Potential for Development and Location, Not Restricted to Agricultural Use Under Land Acquisition Act, 1894.

The case involves two appeals arising from a common award dated 09/07/1993 passed by the Reference Court in Land Acquisition Reference No.145 of 1986....