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Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Fact. Court holds that no substantial question of law arises under Section 100 CPC when findings are based on appreciation of evidence and not perverse.

The case involves two second appeals arising from a property dispute between the legal heirs of Madhavrao Ramchandra More (appellants in SA/66/2003 an...

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Bombay High Court Quashes Amendment Order in Partition Suit for Lack of Due Diligence — Amendment Sought After Trial Concluded and Final Arguments Commenced, Allowing Addition of 12 Properties and 19 Defendants, Held to Be an Abuse of Process Under Order VI Rule 17 CPC.

The petitioner, Dashrath Shiva Korlekar, legal heir of original Defendant No. 1 (Defendant No. 1C), challenged the order dated 22.02.2024 passed by th...

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Bombay High Court Allows Assessee in Income Tax Reference Under Section 256(1) of Income Tax Act, 1961 — Profits on Sale of Machinery Not Taxable Under Section 41(2) as Depreciation Was Claimed by Dissolved Firm, Not by Assessee.

The case involves a reference under Section 256(1) of the Income Tax Act, 1961 by the Income Tax Appellate Tribunal, Mumbai, for the opinion of the Bo...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Upholds Exclusion of 16 Acres from Partition. Court holds that suit for partition of property in exclusive possession of co-owner for over 12 years is barred by limitation under Article 65 of Limitation Act, 1963.

The appellants, plaintiffs in the original suit, filed a suit for partition of suit properties including 16 acres of land in Sy.No.703. The trial cour...

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Supreme Court Upholds Revenue's Assessment Under Section 44D of Income-tax Act Despite Income Not Being Taxable at Time of Asset Transfer. Partners of Firm That Transferred Assets to Non-Resident Corporation Assessable on Corporation's Income as They Acquired Right to Enjoy Income by Means of Transfer.

The case arose from a dispute under the Indian Income-tax Act, 1922 concerning the assessment of partners of a firm that had transferred assets to a n...

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Gujarat High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Suit Challenging 1973 Sale Deeds. Plaint Discloses Cause of Action and Limitation is Mixed Question of Fact and Law Under Order VII Rule 11(d) CPC.

The case involves a civil revision application filed by the defendants (applicants) in Regular Civil Suit No.140 of 2022, challenging the order dated ...

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Bombay High Court Dismisses Second Appeal in Property Dispute Between Stepfather and Stepdaughter — Benami Transaction Claim Fails. The court held that the registered sale deed in the plaintiff's name establishes title, and the defendant's claim of benami ownership was not proved.

The case involves a property dispute between a stepfather (appellant/defendant) and his stepdaughter (respondent/plaintiff). The defendant married the...

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High Court of Karnataka Directs Banks to Comply with RBI Prudential Framework for Stressed Assets Resolution in Writ Petition by Borrower Company. The court held that the RBI circular dated June 7, 2019, is binding on banks and that the borrower has a right to seek a review meeting under the framework.

The petitioner, Ganjam Nagappa and Son Private Limited, a company incorporated under the Companies Act, 1956, filed a writ petition under Articles 226...