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Bombay High Court Upholds Capital Gains Treatment for Land Sale by Estate Administrator — Assessee Not a Trader in Land. Surplus from sale of inherited land held as capital gain, not business income, under Income Tax Act, 1961.

The case involved a reference under Section 256(1) of the Income Tax Act, 1961, at the instance of the Revenue, challenging the Tribunal's decision th...

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Bombay High Court at Goa Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings That Sale Deed Was Null and Void Due to Lack of Title and Possession. Deed of Gift Executed by Co-Owner Without Spouse's Consent Held Invalid Under Portuguese Civil Code.

The appellant, Shivaji Narayan Gaonkar, filed a suit seeking permanent injunction and declaration that a Deed of Gift executed by Respondent No.3 (Lur...

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Bombay High Court Dismisses Petitions Challenging AAIFR Order Rejecting Revival Scheme for Sick Company Under SICA. The court held that the AAIFR's findings on non-compliance and lack of feasibility were based on evidence and not perverse, thus no interference under Article 226 was warranted.

This group of writ petitions challenges a common order dated 28/5/2010 passed by the Appellate Authority for Industrial and Financial Reconstruction (...

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Bombay High Court Quashes Right of Way Order Under Mamlatdars' Courts Act Due to Bar of Res Judicata and Lack of Jurisdiction. Dismissal of First Application for Default Operates as Final Order Barring Second Application Under Section 5 of Mamlatdars' Courts Act, 1906.

The petitioner, Jayant Namdeorao Gohad, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging two orders: (1) the ...

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Bombay High Court Dismisses Appellant's Second Appeal in Property Encroachment Dispute. Concurrent findings of fact regarding identification of suit plot based on sale deed boundaries and Commissioner's report upheld.

The dispute in this Second Appeal arises from a property boundary and encroachment issue between two adjacent plot owners in Rewatkar Layout, Mouza Di...

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Bombay High Court Acquits Appellants in Murder Case Due to Inconsistent Evidence and Failure to Prove Common Intention. Conviction under Section 302 read with 34 IPC set aside as prosecution failed to establish the common object and individual overt acts beyond reasonable doubt.

The case involves multiple criminal appeals filed by the appellants against their conviction under Section 302 read with Section 34 of the Indian Pena...