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SALES TAX REFERENCE NO. 52 OF 2009

The matter came before the Bombay High Court as two sales tax references arising from the assessment of M/s. Radhasons International, a partnership fi...

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Bombay High Court Considers Reference on Exemption for Bonded Warehouse Sales Under Section 5(2) of Central Sales Tax Act. Legal Issue Concerned Whether Transfer of Documents Before Filing Bill of Entry for Home Consumption Constitutes Sale in Course of Import Before Crossing Customs Frontiers.

The matter concerned two sales tax references made by the Maharashtra Sales Tax Tribunal under Section 61(1) of the Bombay Sales Tax Act, 1959, arisin...

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Bombay High Court Dismisses Second Appeal in Land Ownership Dispute — Plaintiff Fails to Prove Title by Adverse Possession Against State Forest Department. Continuous possession for over 50 years not sufficient to establish ownership without clear evidence of hostile possession and ouster of true owner.

The appellant, Tanaji Gulabgir Gosavi, filed a second appeal before the Bombay High Court challenging the concurrent judgments of the trial court and ...

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Karnataka High Court Dismisses Second Appeal in Suit for Declaration and Injunction — Concurrent Findings Upheld. Plaintiff Failed to Prove Title and Possession Over Suit Property; Non-Examination of Attesting Witnesses to Sale Deed Led to Adverse Inference.

The legal representatives of the original plaintiff in O.S. No. 104/1982 (old No. 215/1968) filed a second appeal under Section 100 of the Code of Civ...

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Supreme Court Dismisses Appeal in Title Suit Over Land Ownership and Possession. Plaintiffs' Title Established Through Partition Evidence and Mutation Application, Supporting Decree for Possession Against Defendant's Legal Representatives.

The dispute originated from a title suit filed in 1967 by Banaras Sah, acting for himself and as legal guardian of his six minor sons, against Krishna...

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High Court Dismisses Union of India's Second Appeal in Salt Land Dispute — Civil Suit Barred Under Section 4(2) of Salt Act, 1882. Exclusive Jurisdiction of Salt Commissioner Precludes Civil Court from Entertaining Suit for Declaration of Title and Possession of Salt Land.

The Union of India, through the Deputy Salt Commissioner, filed a second appeal against the judgment of the District Judge, Thane, which confirmed the...

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High Court of Karnataka Dismisses Appeal in Declaration and Injunction Suit, Allows Partition Appeal — Family Property Dispute Over Joint Family Property and Adverse Possession

The case involves two appeals arising from suits between family members over agricultural land in Doddakannahalli. The appellant, K N Sananda Ganesh, ...

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High Court of Karnataka Dismisses Defendant's Second Appeal in Possession Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Possession of 3 Guntas Land Decreed Based on Plaintiff's Title and Encroachment by Defendant.

The respondent/plaintiff Basappa filed a suit for possession in O.S. No.215/2006 before the Principal Civil Judge (Jr.Dn.), Mudhol, claiming ownership...

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Bombay High Court Allows Appeal by Housing Society in Property Dispute Over Water Connection and Construction. Developer's Agreement to Provide Water Connection and Restrict Construction Held Binding.

The case involves two cross-appeals arising from a judgment and decree dated 31st March 2004 in L.C. Suit No. 786 of 2004. The appellants in First App...

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Supreme Court Allows Appeal in Property Suit Based on Adverse Possession — High Court's Reversal in Second Appeal Without Substantial Question of Law Set Aside. Concurrent Findings of Possession and Ouster by Trial Court and First Appellate Court Restored.

The dispute pertains to a property measuring 1 acre and 18¼ guntas in Sy. No.1/4 originally owned by Thimmadasappa. He executed a registered sale dee...