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Bombay High Court Allows Writ Petitions Challenging Levy of Stamp Duty on Mining Lease Deeds — Stamp Duty on Mining Lease Deeds Must Be Computed Under Article 35(a) of Schedule I of the Maharashtra Stamp Act, 1958 Based on Average Annual Royalty, Not on Dead Rent or Total Consideration.

The petitioners, who are holders of mining leases for minor minerals in the State of Maharashtra, challenged the levy of stamp duty on their mining le...

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Bombay High Court Allows Revenue Appeal in Income Tax Case — Payment to Retiring Partners Held Capital Expenditure. Amount of Rs.1,34,678 paid to retiring partners under Memorandum of Understanding is capital expenditure not deductible as revenue expenditure.

The case involves an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal. The assessee, Mandovi Hotel Pvt....

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Bombay High Court Dismisses Developer's Suit for Specific Performance Against Cooperative Housing Society and Members Due to Lack of Privity and Authority. The court held that a cooperative society cannot bind its members to a development agreement without their consent, and the suit was not maintainable.

The plaintiff, Vardhman Developers Ltd., filed a suit for specific performance of a development agreement against Borla Co-operative Housing Society L...

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Bombay High Court Dismisses Appeal in Stamp Duty Dispute — Agreement for Sale Without Possession Delivery Not a Conveyance Under Article 25 Schedule I of Bombay Stamp Act, 1958. Document Dated 03/3/2000 Held to Be Mere Agreement for Sale, Not Requiring Stamp Duty as Conveyance.

The case involves a Letters Patent Appeal filed by the appellants (legal representatives of the original defendant) against a judgment of a learned Si...

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Bombay High Court Quashes FIR in Cheating Case Against Real Estate Developers Due to Civil Nature of Dispute. Dispute over sale of property rights held to be purely civil, not criminal, under Sections 406, 420, 467 IPC.

The petitioners, Deepak Vallabhji Dedhia and Jitendra Vallabhji Dedhia, were partners of M/s. Ketki Developers, a firm engaged in real estate. Respond...