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Bombay High Court Dismisses Suit by Port Trust for Recovery of Port Charges Due to Failure to Prove Auction Sale Date. Claim for Rs.1,14,057 Barred by Limitation as Evidence of Sale on 14th September 1981 was Inconsistent and Not Supported by Notice.

The Board of Trustees of the Port of Bombay, constituted under the Major Port Trusts Act, 1963, filed a suit for recovery of Rs.1,14,057.24 with inter...

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Bombay High Court Quashes Demand Notice Against Director in Customs Duty Recovery Case – Recovery Provision Under Section 142 Cannot Be Invoked Against Non-Defaulter. Attachment of Director's Personal Property Set Aside as She Was Not Adjudged Liable Under Customs Act, 1962.

Suman N. Agarwal, a director of Nisum Global Limited, filed a writ petition under Article 226 of the Constitution challenging a notice of demand dated...

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Supreme Court Allows Appeal in Specific Performance Suit Regarding Land Sale Agreement; Recital of Advance Payment Is Prima Facie Evidence; Addition of Encumbrance Clause Not Material Alteration

The dispute arose out of an agreement to sell land situated in Kugallur village. The appellant (plaintiff) agreed to purchase the land from the respon...

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Supreme Court Allows Dealer's Appeal in Sales Tax Exemption Case, Holding Assessment Order for Pre- and Post-Constitution Periods is Severable. Burden of Proof for Exemption Under Article 286(1)(a) Lies on Dealer, but Assessment Order Can Be Partly Declared Void Without Invalidating Entire Assessment.

The appellant, a firm of dealers in pulses at Vijayawada, carried on business of sending pulses to other States by rail during the assessment year 194...

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Supreme Court Upholds Assessment of Profit from Land Transaction as Adventure in Nature of Trade. Single Transaction of Purchase and Subdivision of Estate into Plots with Resale Held to Constitute Business Profit Under Section 34(1)(a) of Income-tax Act, 1922.

The assessee, P. M. Mohammad Meerakhan, entered into an agreement on 15th August 1955 to purchase 477.71 acres of land called Kuttikal Estate for Rs. ...

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High Court Dismisses Writ Petition Seeking Compensation for Land Acquired by BDA, Filed by Agreement Holder. Agreement Executed After Preliminary Notification Held Void; Suppression of Civil Suit and Lack of Title Preclude Compensation.

The petitioner, claiming to be an agreement holder in respect of certain lands notified for acquisition by the Bangalore Development Authority for the...

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Bombay High Court Dismisses Appeals by Wife and Co-Respondent, Upholds Divorce Decree on Grounds of Adultery, Desertion, and Cruelty Under Hindu Marriage Act, 1955. Wife's Voluntary Sexual Intercourse with Co-Respondent and Desertion Established by Preponderance of Probabilities.

The case involves two family court appeals arising from a divorce petition filed by Sushil (husband) against Sangeeta (wife) under Section 13(1)(i), (...

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Bombay High Court Allows Recovery Suit by National Textile Corporation Against Debtor for Unpaid Goods of Nationalised Mill. Contractual Interest Rate of 21% Reduced to 6% as Penal, Suit Held Within Limitation Under Article 14 of Limitation Act, 1963.

The plaintiff, National Textile Corporation Ltd., filed a suit for recovery of Rs.3,18,876/- with interest at 21% per annum from the defendant, M/s S....