Search Results for "sham transaction"

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Bombay High Court Dismisses Second Appeal in Property Dispute — Sale Deed Not a Sham Transaction. Appellant failed to prove that sale deed dated 3.2.1975 was without consideration or a sham document; concurrent findings of courts below upheld.

The case involves a property dispute between two brothers, Shashikant Haribhau Bandewar (appellant-plaintiff) and Bhalchandra Haribhau Bandewar (respo...

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Bombay High Court Allows Summary Judgment for Debenture Trustee in Recovery Suit Against Corporate Guarantor. Defendant's Triable Issues Found to be Sham and Moonshine, Entitling Plaintiff to Judgment Under Order 37 CPC.

The plaintiff, IDBI Trusteeship Services Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Hubtow...

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Bombay High Court Dismisses Assessee's Appeal in Income Tax Case — Upholds Disallowance of Capital Losses and Business Loss on Guarantee Transactions. Tribunal's findings on sham transactions and lack of commercial substance affirmed under Income Tax Act, 1961.

The appellant, Killick Nixon Limited, filed an appeal under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tri...

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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...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement Held to Be Leave and Licence, Not Sale. Court upholds finding that the agreement dated 22 April 1977 was a sham document and the transaction was a leave and licence arrangement, not an agreement for sale.

The Appellant, M/s. Imageads and Communications Pvt. Ltd., filed a suit for specific performance of an agreement dated 22 April 1977, claiming that Re...

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Supreme Court Allows Appeal in Possession Suit Based on Registered Sale Deed — Title Not Extinguished by Subsequent Mutation or Revenue Entries. Registered sale deed confers absolute title and possession; subsequent revenue entries or mutation do not affect title unless set aside by competent court.

The appeal arises from a suit for possession filed by the plaintiff-appellant (since deceased, represented by legal representatives) against the defen...