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Bombay High Court Allows Assessee's Claim for Capital Gains Treatment in Partnership Dissolution Case. Gains from Sale of Land Held as Co-owned Personal Asset Not Business Income Under Income Tax Act, 1961.

The case involved an income tax reference under Section 256 of the Income Tax Act, 1961, for the assessment year 1988-89. The assessee, an individual ...

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Bombay High Court Dismisses Writ Petition Challenging Agricultural Land Tribunal Order in Tenancy Dispute. Landlord-Tenant Relationship Established Under Bombay Tenancy and Agricultural Lands Act, 1948; Sale Deed Held Invalid as Tenant Was in Possession.

The petitioners, legal representatives of Maharudrappa Baslingappa Swami, filed a writ petition challenging the orders of the Agricultural Land Tribun...

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Bombay High Court Dismisses Second Appeal in Property Suit for Declaration of Ownership and Possession — Concurrent Findings of Fact Not Disturbed. Sale deed of 1972 held not proved due to lack of execution and attestation evidence, and suit barred by limitation under Article 65 of Limitation Act, 1963.

The appellant-plaintiff, Mirabai Ramasare Pardeshi (since deceased, represented by legal representatives), filed Special Civil Suit No. 1853 of 1996 s...

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Bombay High Court Dismisses Second Appeal in Gunthewari Regularization Dispute. Civil Court Jurisdiction Barred Under Section 18 of Maharashtra Gunthewari Development Act, 2001 for Challenging Regularization Order Under Section 3 of the Act.

The appellants, original plaintiffs, filed Regular Civil Suit No.185 of 2015 challenging an order of regularization dated 12.12.2006 passed under Sect...

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High Court of Karnataka Allows Amendment of Plaint in Suit for Declaration and Injunction — Order VI Rule 17 CPC Amendment Permitted to Clarify Title and Boundaries. Pre-trial amendment allowed liberally as it did not change nature of suit and was necessary to determine real controversy between parties.

The petitioner, Syed Shakeel Ahamed, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 21.11.20...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that the second appellate court cannot re-appreciate evidence unless there is a perverse finding or substantial question of law under Section 100 of CPC.

The appellant, who was the defendant in the original suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging t...