Search Results for "sale not finalized"

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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...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "sale not finalized"

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High Court

Bombay High Court Upholds Capital Gains Treatment for Land Sale by Estate Administrator — Assessee Not a Trader in Land. Surplus from sale of inherited land held as capital gain, not business income, under Income Tax Act, 1961.

24 Apr 2012

The case involved a reference under Section 256(1) of the Income Tax Act, 1961, at the instance of the Revenue, challenging the Tribunal's decision th...

Supreme Court

Supreme Court Examines Whether Withdrawal of Land Acquisition Under Section 48 of Land Acquisition Act, 1894 Permissible After Possession Had Already Been Taken. Dispute Centered on Notification Dated 12.04.2001 Withdrawing Acquisition of Survey No.50 Despite Prior Possession and Multiple Dismissals of Challenges by Land Owners.

1 Aug 2026

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High Court

High Court of Bombay Disposes of Notice of Motion in Flat Allotment Dispute — Consideration of Interim Relief for Appointment of Receiver and Injunction Sought by Original Allottee’s Transferee. The court examines validity of termination of allotment by builder where original allottee alleged fraud in transfer, and subsequent sales to third parties.

4 Jun 2014

The present dispute arose out of a flat in the Oberoi Splendor project at Andheri, Mumbai. The plaintiff, a practising advocate, filed a suit seeking ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Auction Notice Under Income Tax Act — Limitation Period Under Rule 68B Computed from Date of Dismissal of SLP, Not from High Court Judgment.

27 Sep 2018

The petitioner, M/s Rambilas Gulabdas (HUF), filed a writ petition challenging an auction notice dated 18.11.2004 issued by the Tax Recovery Officer u...

Supreme Court

Supreme Court Considers Whether Lift Installation Contracts Are 'Works Contract' or 'Sale of Goods' for Sales Tax Purposes. The Matter Was Referred to a Larger Bench to Resolve Conflict Between Prior Rulings and to Determine the Applicability of the Predominant Intention Test After Recent Judgments.

1 Aug 2026

The matter stems from multiple writ petitions and civil appeals challenging the classification of contracts for manufacture, supply and installation o...

Supreme Court

Supreme Court Sets Aside High Court Order for Release of Secured Asset on Partial Payment Under SARFAESI Act. The court held that Section 13(8) of the SARFAESI Act, 2002 requires full payment of dues for redemption, and partial payment does not entitle the borrower to reclaim the property.

10 Feb 2022

The dispute arose between a bank, as secured creditor, and a borrower over the enforcement of security interest under the Securitisation and Reconstru...

High Court

Bombay High Court Dismisses Appeal for Specific Performance of Agreement to Sell Land Due to Lack of Proof of Readiness and Willingness and Failure to Prove Agreement. The Court held that the plaintiff failed to establish the execution of the agreement and his readiness and willingness to perform his part of the contract, and the suit was barred by limitation.

29 Oct 2013

The appellant, Kanhaiyalal Motilal Talera, filed a suit for specific performance of an agreement to sell dated 28-03-1979, allegedly executed by Sarub...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Rejection of Plaint Under Order VII Rule 11 CPC — Held That Plaint Disclosed Cause of Action and Court Fees Issue Was Curable. The Court restored the suit for trial, emphasizing that the High Court impermissibly conducted a mini-trial at the threshold stage.

21 Apr 2026

The appellant, M/s. Marg Limited, a real estate developer, purchased land in Chennai in 2002 and constructed a commercial IT building. In 2011 and 201...

High Court

Bombay High Court Quashes DRT/DRAT Orders Allowing Sale of Mortgaged Property Below Reserve Price — Unsecured Creditor Cannot Be Treated as Secured Creditor with Priority Over Mortgagee. The court held that treating an unsecured creditor as a secured creditor with priority over the mortgagee is a fundamental fallacy, and directed a fresh auction in accordance with law.

18 Mar 2024

The writ petition was filed by Assets Reconstruction Company (India) Ltd. (ARCIL), the beneficiary of a mortgage over Flat No. 61, Basant Apartment, M...

Supreme Court

Supreme Court Sets Aside Injunction in Specific Performance Suit Due to Lack of Prima Facie Case and Delay. The Court held that the plaintiff failed to establish a strong prima facie case of a concluded contract under the Specific Relief Act, 1963, and the unexplained delay of over 7 months in filing the suit weighed against grant of temporary injunction.

6 Jan 2020

The Supreme Court of India heard appeals against a common order of the Gujarat High Court affirming a temporary injunction granted by the trial court ...

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