Search Results for "section 53A"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "section 53A"

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High Court

High Court Allows Writ Petition Quashing Stamp Duty Order as Time-Barred and Without Jurisdiction Under Maharashtra Stamp Act, 1958 -- Development Agreement Not Deemed Conveyance Due to Subsequent Flat Purchaser Agreements

3 Feb 2026

The petitioner,  filed a writ petition challenging an order dated 26 April 2014 passed by the Joint District Registrar and Collector of Stamps, P...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Concurrent Findings of Possession and Title. Court holds that admission of storage of rubble by defendants does not negate plaintiffs' possession of eastern side of suit property.

18 Feb 2025

The second appeal was filed by original defendant nos. 1 and 2 challenging concurrent judgments and decrees granting declaration of title and injuncti...

High Court

Bombay High Court Dismisses Tax Appeal in Income Tax Reassessment Case — Upholds Addition of Unexplained Cash Credits Under Section 68 of Income Tax Act, 1961. Failure to Prove Identity, Creditworthiness, and Genuineness of Share Application Money Leads to Confirmation of Addition.

5 Sep 2023

The case involves a tax appeal by M/s. Prithvi Consultants Pvt. Ltd. against the Deputy Commissioner of Income Tax, Central Circle, Panaji, Goa. The d...

High Court

Bombay High Court Upholds Penalty Under Section 271(1)(c) for Concealment of Income in Land Sale Transaction. Assessee failed to disclose receipt of advance sale consideration in return, leading to penalty for concealment.

17 Aug 2020

The appellant-assessee, along with four others, executed an agreement for sale of a plot of land at Vasai on 07.12.2004 for a total consideration of R...

Supreme Court

Supreme Court Dismisses Appeal in Capital Gains Tax Case — Transfer of Property Not Completed Under Section 2(47)(v) of Income Tax Act, 1961. Agreement to Sell and Power of Attorney Did Not Confer Possession or Part Performance Under Section 53A of Transfer of Property Act, 1882.

4 Dec 2019

The appellant-assessee, M/s Seshasayee Steels P. Ltd., entered into an agreement to sell on 15.05.1998 with Vijay Santhi Builders Ltd. for sale of lan...

High Court

Bombay High Court Allows Appeal in Capital Gains Tax Case — Transfer of Property Under Development Agreement Held to Occur in Assessment Year 2001-02, Not 2002-03. The Court ruled that the transfer of possession and part performance under Section 53A of the Transfer of Property Act, 1882 triggered capital gains tax under Section 2(47)(v) of the Income Tax Act, 1961 in the year of the development agreement, reversing the Tribunal's finding.

17 Jan 2018

The case involves two appeals by Dr. Joao Souza Proenca and Ms. Sara Proenca, husband and wife, against a common order of the Income Tax Appellate Tri...

High Court

Bombay High Court Quashes Appellate Order Exceeding Jurisdiction in Stamp Duty Adjudication — Appellate Authority Cannot Set Aside Unchallenged Part of Order in Favour of Appellant Without Hearing. The Chief Controlling Revenue Authority under Section 53(1A) of Maharashtra Stamp Act, 1958 exceeded its jurisdiction by setting aside a favourable part of the Collector's order not challenged by any party, violating principles of natural justice.

6 Jan 2017

The petitioner, Saryu Properties and Hotels Pvt. Ltd., a company engaged in hospitality business owning two hotels in Mumbai, filed a writ petition ch...

High Court

Bombay High Court Allows Second Appeal in Suit for Permanent Injunction Based on Possession — Finds Concurrent Findings of Courts Below Suffer from Perversity and Non-consideration of Material Evidence. The High Court held that the plaintiff failed to prove possession, and the courts below erroneously placed the burden on the defendant.

5 Aug 2016

The appellant, original defendant No.2, Smt. Manda Purushottam Zatte, filed a second appeal against the judgment and decree of the District Court, Yav...

High Court

Bombay High Court Quashes Deficit Stamp Duty Demand on Sub-Lease of Multiplex — Lease Premium Not Part of Consideration for Sub-Lease Under Bombay Stamp Act, 1958. The Court held that the expression 'consideration for the sub-lease' in Article 35(a) of Schedule I of the Bombay Stamp Act, 1958 refers only to the consideration moving from the sub-lessee to the sub-lessor, and not the premium paid by the original lessee to the lessor.

9 Jul 2014

The petitioner, CR Retail Malls (India) Limited, challenged an order dated 21 March 2013 passed by the Chief Controlling Revenue Authority, Maharashtr...

High Court

High Court of Karnataka Dismisses First Defendant's Writ Petition Challenging Concurrent Injunction Orders in Specific Performance Suit. Court upholds trial court's finding of lawful possession based on prima facie case and balance of convenience under Order XXXIX Rules 1 and 2 CPC.

7 Mar 2014

The petitioner, the first defendant in a suit for specific performance, challenged the concurrent orders of the trial court and appellate court granti...

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