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Supreme Court Allows Assessee's Appeals; Profits from Sale of Gold and Shares Held Capital Receipts Not Taxable as Income. Court Rules Transactions Were Realisation of Investment, Not Adventures in Nature of Trade, and High Court Erred in Treating Tribunal's Finding as Unreviewable Fact.

The appeals arose from references under Section 66(2) of the Income Tax Act, 1922 concerning the assessee, a large landholder, who had inherited subst...

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Bombay High Court Allows Petition in Part in Development Charge Levy Dispute. Development Charge on Already Developed Land Held Illegal Under Section 124 of Maharashtra Regional and Town Planning Act, 1966.

The petitioner, Sir Gangadharrao Chitnavis Memorial Medical Research Trust, a charitable trust, owned Plot No. 56 at Temple Road, Civil Lines, Nagpur....

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Bombay High Court Hears Petition Challenging Order of Competent Authority Cancelling Sale Deed Under Urban Land (Ceiling and Regulation) Act, 1976. Issues Include Effect of Exemption Under Section 20(1)(a) on Transfer Restrictions and Abatement of Appeal Due to Repeal Act, 1999.

The writ petition under Article 226 of the Constitution challenged the order dated 24-07-2008 passed by the Additional Commissioner (Appellate Authori...

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Karnataka High Court Hears Regular First Appeal Against Dismissal of Permanent Injunction Suit Over Agricultural Land. Suit Involves Claims of Ownership and Interference by Co-operative Societies and Site Owners Association.

The case originated from a suit for permanent injunction filed by the plaintiff against three defendant societies/associations concerning agricultural...

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Bombay High Court Dismisses Reference Under Land Acquisition Act for Enhancement of Compensation; Claimants Fail to Prove Land Ownership. Court Upholds Land Acquisition Officer's Award of Demolition Value for Structures as No Evidence of Higher Value Was Produced.

The dispute arose from an acquisition of land and structures for a public purpose, namely a municipal school, garden, medical college, and road, in Vi...

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WRIT PETITION NO. 2329 OF 2003

The petitioners, K.P. Power Private Limited and its director, filed a writ petition in 2003 before the Bombay High Court seeking a mandamus to compel ...

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Bombay High Court Dismisses Petition Challenging Conditions for Land Conversion — Land Granted on New and Impartible Tenure Remains Occupancy Class II and Subject to Unearned Income Payment Under Section 29 of Maharashtra Land Revenue Code, 1966.

The petitioner, M/s. Niketan Land and Estate Pvt. Ltd., challenged an order dated 24/02/2010 passed by the Collector, Nashik, which allowed the conver...

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High Court of Karnataka Quashes Mutation Entry Orders in Land Dispute — Failure to Provide Opportunity of Hearing Violates Principles of Natural Justice. Mutation entries made without notice to petitioners set aside under Karnataka Land Revenue Act, 1964.

The petitioners, Damodar Vittal Kamath and others, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court...

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Bombay High Court Hears Writ Petition Challenging Attachment and Proposed Sale of Residential Bungalow under Income Tax Act, 1961, on Ground of Limitation. Petitioner Contends That Tax Recovery Officer's Action Is Time-Barred Under Rule 68B of Second Schedule.

The petitioner, a 60-year-old Indian citizen, filed a writ petition under Article 226 of the Constitution of India seeking to quash and set aside the ...