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Karnataka High Court Allows Land Owners’ Appeal, Remands Land Acquisition Reference for Fresh Consideration. Settlement Validity Must Be Examined Under KUDA Act and CPC, Prior Government Approval Necessary for Consent Award.

The appellants were owners of lands bearing Survey Nos.304/2A and 304/2B, measuring 11 acres 24 guntas, situated at Mahalbagayat, Vijayapura. The land...

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Bombay High Court Allows Writ Petition Challenging Rejection of Leave to Defend in Summary Suit for Recovery of Earnest Money Under Oral Agreement. Oral Agreement for Sale Does Not Fall Within Order 37 CPC Categories, Hence Unconditional Leave to Defend Granted.

The respondent-plaintiff filed Special Civil Suit No.120 of 2017 before the Civil Judge Senior Division, Pune, seeking recovery of Rs.12,00,000/- (inc...

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Bombay High Court Directs Income Tax Department to Comply with ITAT Order and Release Seized Jewellery and Refund Within Six Weeks. Failure to Complete Block Assessment Within Limitation Under Section 158BE of Income Tax Act, 1961 Renders Retention of Seized Assets Illegal.

The petitioner, legal heir of Late Mr. Lakhpatrai Agarwal, filed a writ petition challenging the inaction of the Income Tax Department in complying wi...

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Bombay High Court Allows Tax Appeal in Expenditure Tax Reassessment Case Due to Non-Compliance with Natural Justice Principles. Reassessment Order Set Aside for Failure to Furnish Reasons and Dispose Objections as Mandated by GKN Driveshaft.

The appellant, Fomento Resorts & Hotels Ltd., filed a return under the Expenditure Tax Act, 1987 for assessment year 1997-98 showing nil chargeable ex...

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High Court of Bombay Considers Chamber Summons for Amendment of Execution Application to Enforce Foreign Award Against Additional Respondents. Award Holder Seeks to Hold Associate Companies and Directors Liable for Alleged Asset Stripping to Defeat Award Recovery.

The matter concerned a Chamber Summons filed by the Award Holder in an Execution Application seeking leave to amend the application to enforce a forei...

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High Court of Bombay Examines Consent Letter and Delay in Tenancy Transfer in Irani Wadi Case; Finds Consent for Convenience Not Relinquishment and Transfer Lacks Bona Fides. Joint Tenants’ Rights Not Extinguished by Mere Consent Letter; Twenty-Year Delay and Protest Letters Negate Bona Fide Transfer.

The dispute concerned the immovable property known as Irani Wadi at Mazgaon, comprising a residential bungalow, a nursery, and rooms for gardeners, he...

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Bombay High Court Allows Land Acquisition Reference, Enhances Compensation for Acquired Land Under Land Acquisition Act, 1894. Court Determined Market Value Based on Comparable Sale Instances and Potential for Development, Rejecting Government's Valuation Method.

The case is a land acquisition reference under Section 18 of the Land Acquisition Act, 1894, arising from the acquisition of land belonging to Godrej ...

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Supreme Court Allows Father's Appeal in Child Custody Dispute, Restores Family Court's Order Granting Permanent Custody. The Court held that the High Court erred in substituting a shared custody arrangement without adequate consideration of the children's welfare under the Guardian and Wards Act, 1890.

The case involves a custody dispute between a Colonel in the Indian Armed Forces (appellant) and his wife, a teacher (respondent), over their two mino...