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High Court of Gujarat Allows Appeal in Land Acquisition Reference Case Due to Limitation Issue — Notice Under Section 12(2) Not Served. Limitation for Reference Begins Only Upon Receipt of Notice Under Section 12(2) of the Land Acquisition Act, 1894.

The case involves a first appeal filed by the heirs of the original claimant, Pagi Bhemaji Dhiraji (since deceased), challenging the judgment and orde...

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Gujarat High Court Allows Additional Compensation Under Section 30(3) of RFCTLARR Act, 2013 for Land Acquired Under National Highways Act, 1956 — Solatium at 12% Per Annum from Date of Preliminary Notification to Award/Possession.

The petitioners filed a set of writ petitions seeking the benefit of additional compensation at 12% per annum under Section 30(3) of the Right to Fair...

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Bombay High Court Dismisses Petition Challenging Order Refusing Return of Plaint in Suit for Possession of Garage. Court Holds That Question of Valuation and Court Fee Is a Mixed Question of Law and Fact to Be Decided at Trial, Not Under Order 7 Rule 10 CPC.

The petitioner, Ganpat Govind Shigvan, was a defendant in Suit No. 2151 of 2010 filed by the respondent, Preeti Paresh Shah, and her mother for posses...

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Bombay High Court Allows Appeal in MVAT Case — Works Contract Valuation Must Exclude Land Value Under Rule 58. Land value deduction under Rule 58 of MVAT Rules is mandatory for works contracts involving transfer of immovable property, and the Tribunal erred in restricting deduction to 20%.

The Appellant, Oasis Realty, an association of persons registered under the Maharashtra Value Added Tax Act, 2002 (MVAT Act) and Central Sales Tax Act...

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Bombay High Court Allows Writ Petition Challenging Execution of Preliminary Decree in Partition Suit — Execution of Preliminary Decree Without Final Decree Held Non Est. The court held that only a final decree is executable under Order 20 Rule 18 CPC, and execution of a preliminary decree is a nullity.

The petitioners, who were defendants in a partition suit, filed a writ petition challenging orders passed by the Joint Civil Judge, Senior Division, S...