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Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...

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Supreme Court Dismisses Petition Challenging GST on Lotteries — Holds Lottery as Actionable Claim and Movable Property Under CGST Act. Levy of GST on Face Value of Lottery Tickets Without Abating Prize Money Upheld as Constitutional.

The petitioner, Skill Lotto Solutions Pvt. Ltd., an authorized agent for sale and distribution of lotteries organized by the State of Punjab, filed a ...

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Bombay High Court Grants Bail to Accused in MPSC Scam Case on Parity with Co-Accused. Personal Secretary to Minister Entitled to Bail as Co-Accused with Similar Role Already Released by Supreme Court and High Court.

The applicant, Avinash Tukaram Sanas, was accused No.7 in the MPSC Scam case, holding the post of a Class I Officer and Personal Secretary to a Minist...

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Bombay High Court Quashes Reassessment Order in Capital Gains Tax Case — Transfer of Shares of Foreign Company Not Taxable in India. Shares of a Bermuda company transferred outside India do not constitute transfer of a capital asset situated in India under Section 2(14) of the Income Tax Act, 1961.

The petitioner, Techpac Holdings Ltd., a company incorporated in Bermuda, challenged an assessment order dated 25th March 2013 passed by the Deputy Co...

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High Court of Gujarat Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Trial and Appellate Courts. Agreement to Sell Does Not Confer Ownership; Plaintiff Failed to Prove Payment of Consideration and Possession.

The appellant, original plaintiff, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree d...

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Bombay High Court Allows Appeal Against Return of Plaint in Suit for Specific Performance of Land in Delhi. Leave under Clause XII of Letters Patent Granted by High Court Survives Transfer to City Civil Court Under Section 16(d) CPC.

The appellant, Nouveau Exports Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 20th October 2000 in respect of propert...

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Bombay High Court Dismisses Assessee's Appeal, Upholds Applicability of Section 50C to Transfer of Leasehold Rights. Leasehold Rights Constitute Capital Asset and Assignment Thereof Attracts Section 50C Deeming Provision.

The appeal arose from an order of the Income Tax Appellate Tribunal, Nagpur dated 24.03.2017 dismissing the assessee's claim that Section 50C of the I...