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Supreme Court Upholds Return of Plaint in Commercial Dispute Case — Immovable Property Not Used Exclusively in Trade or Commerce. Agreement to Sell and Mortgage Deed Registration Dispute Falls Outside Commercial Courts Act, 2015 as Land Was Not Pled to Be Used for Trade or Commerce.

The appellant, Ambalal Sarabhai Enterprises Ltd., filed a Commercial Civil Suit No. 41/2018 before the Commercial Court at Vadodara seeking enforcemen...

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Bombay High Court Partly Allows MIDC Appeal in Land Acquisition Compensation Case — Reduces Enhanced Rate from Rs.1,25,000 to Rs.1,00,000 per Hectare. Court Relies on Comparable Sale Instances and Potential Value of Land Under Maharashtra Industrial Development Act.

The case involves an appeal by the Maharashtra Industrial Development Corporation (MIDC) against the enhancement of land acquisition compensation awar...

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Bombay High Court Allows Appeals in Land Acquisition Cases — Compensation Enhanced to Rs. 50 per sq.m. Based on Comparable Sale Deeds and Potential Value. Market Value Determined by Applying Uniform Deduction for Development, Rejecting Belting Method.

The case involves four first appeals filed by landowners against the judgment of the Reference Court in land acquisition matters. The lands were acqui...

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Bombay High Court Allows Enhancement of Compensation for Agricultural Land Acquired for Konkan Railway Project. Tenant's restricted rights under Agricultural Tenancy Act do not preclude consideration of potential for development for compensation purposes.

The appellant, Damaian C. Menezes, was a tenant of a khazan paddy field admeasuring 2550 square meters in Survey No.190/3, Malar Village, Goa. The Gov...

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Cases. Court upholds enhanced compensation based on market value and potential use under National Highways Act, 1956.

The National Highways Authority of India (NHAI) filed four arbitration appeals under Section 37 of the Arbitration and Conciliation Act, 1996, challen...

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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...