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Bombay High Court Partly Allows State's Appeal in Land Acquisition Case — Reduces Enhanced Compensation from ₹210 to ₹120 per sq.mt. Sale instance of small plot not comparable to large agricultural land; 60% deduction for development applied under Land Acquisition Act, 1894.

The case involves an appeal by the State (Executive Engineer, PWD) against the Judgment and Award dated 28/06/2011 passed by the Reference Court (Dist...

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Bombay High Court Dismisses Appeal by Bank in Possession Suit, Upholds Trial Court's Decree for Possession and Mesne Profits. Counterclaim for Specific Performance of Sale Contract Dismissed as Unenforceable Due to Lack of Registered Agreement and Failure to Prove Readiness and Willingness.

The case involves a dispute over immovable property, Municipal House No.9 at Ahmedpur, consisting of a godown, three rooms, and open space on a plot o...

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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...

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Bombay High Court Allows Wife's Appeal for Return of Stridhan Under Section 27 of Hindu Marriage Act, 1955 — Husband Liable for Ornaments and Articles. The court held that the husband is presumed to be in possession of the wife's stridhan and must return it unless he proves otherwise.

The appellant wife, Sangeeta B. Kadam, filed a Family Court Appeal challenging the judgment and order dated 11th June 2001 passed by the Family Court ...

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Supreme Court Dismisses Municipal Corporations' Appeals, Holds Payment of Gratuity Act, 1972 Applicable to Local Bodies. Municipal Employees Entitled to Gratuity Under Central Act Despite State Regulations Providing Lower Benefits.

The Supreme Court dismissed two civil appeals filed by Municipal Corporations of Kanpur and Gorakhpur against High Court orders upholding the Controll...

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Bombay High Court Dismisses Writ Petition Challenging Collector's Order Declaring No Right to Gairan Land. Encroachment on Government Land Cannot Be Regularized Without Following Due Process Under Maharashtra Land Revenue Code.

The petitioners, eight individuals from Mategaon, filed a writ petition challenging the order dated 13.07.1994 passed by the District Collector, Auran...

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Bombay High Court Allows Appeal Against Eviction Decree in Favour of Court Receiver — Tenancy Rights Not Extinguished by Consent Terms. The Court held that the Court Receiver could not evict the defendants as trespassers without due process, as the consent terms did not terminate their tenancy rights.

The appeal arises from a judgment and decree dated 22nd February 2010 passed by the Bombay City Civil Court in S.C.Suit No.1154 of 2000, decreeing the...

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Bombay High Court Acquits Accused in Kidnapping and Rape Case Due to Inconsistent Evidence and Voluntary Accompaniment. Prosecutrix's Voluntary Conduct and Delayed FIR Undermine Allegations Under Sections 363, 366, 376 IPC.

The appellant, Rajan Kannan Padiyachi, was convicted by the 1st Ad-hoc Additional Sessions Judge, Kalyan, in Sessions Case No.159 of 1997 for offences...

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Bombay High Court Allows Second Appeal in Partition Suit, Restores Trial Court's Dismissal. Plaintiffs Failed to Prove Suit Lands Were Joint Family Property Under Hindu Law.

The case involves a partition suit filed by the descendants of Nama and Maruti against the legal heirs of Tukaram, claiming that 24 agricultural lands...