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Supreme Court Dismisses Appeal in Capital Gains Tax Case — Transfer of Property Not Completed Under Section 2(47)(v) of Income Tax Act, 1961. Agreement to Sell and Power of Attorney Did Not Confer Possession or Part Performance Under Section 53A of Transfer of Property Act, 1882.

The appellant-assessee, M/s Seshasayee Steels P. Ltd., entered into an agreement to sell on 15.05.1998 with Vijay Santhi Builders Ltd. for sale of lan...

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Bombay High Court Dismisses Tenants' Challenge to MHADA Acquisition of Cessed Buildings for Redevelopment. Tenants Lack Locus Standi to Challenge Acquisition and Tender Process Under Maharashtra Housing and Area Development Act, 1976.

The petitioners, tenants of Dattatraya Buildings in Mumbai, filed writ petitions challenging the acquisition of the buildings by the Maharashtra Housi...

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Bombay High Court Grants Interim Injunction in Share Dispute Alleging Fraudulent Transfer. Plaintiff's claim for half share in father's estate upheld pending trial due to prima facie evidence of fraudulent share transfer under Companies Act.

The plaintiff, Prabodh Jamnadas Kothari, filed a suit seeking declaration of the estate of his deceased father and his 1/2 share therein, particularly...

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Supreme Court Dismisses Lessor’s Appeal in Lease Renewal Dispute — Renewal Clause Does Not Offend Rule Against Perpetuity. Option to Renew Lease Every Ten Years Does Not Create an Interest in Property Under Section 14 of the Transfer of Property Act, 1882.

The dispute arose from a lease deed executed on October 26, 1951, between the appellant-lessor and the respondent-lessee for premises in Bangalore. Th...

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Supreme Court Dismisses Appeal Against Impounding of Agreement to Sell for Stamp Duty Under Bombay Stamp Act. Agreement to Sell Deemed Conveyance Under Explanation I to Article 25 of Schedule I of Bombay Stamp Act, 1958 Even When Possession Agreed to Be Transferred After Sale Deed Execution.

The appellant, Ramesh Mishrimal Jain, filed a suit for specific performance of an agreement to sell dated 03.09.2003 in respect of a property in Khed,...

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Supreme Court Allows Plaintiff's Claim for Possession in Property Dispute Based on Title and Rejects Adverse Possession Defense. Licensee's Possession Cannot Be Converted into Adverse Possession Without Clear Evidence of Ouster.

The dispute pertained to a suit property in Bangalore. The original plaintiff, A. Krishnappa, claimed ownership of the property as joint family proper...

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Bombay High Court Allows Writ Petition Challenging Rejection of Temporary Injunction in MOFA Dispute Over Parking Spaces. Court Restrains Society Members from Obstructing School's Use of 110 Stilt Parking Spaces Pending Suit.

The petitioner, Goel Ganga Foundation, runs an international school and filed a suit for injunction against the Federation of Swarganga Co-operative S...