Search Results for "Section 43A"

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Supreme Court Allows Appeal in Possession Suit — Arbitration Award Not Binding on Third Party Purchaser. The Court held that an arbitration award does not operate as res judicata against a party who was not a party to the arbitration and who purchased the property in a court auction.

The appellants (plaintiffs) filed a suit for possession and mesne profits in respect of a three-storey commercial-cum-residential building situated at...

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"Landmark Judgment on Property Rights and Public Welfare in Mumbai" "Balancing property ownership with the collective good under India's constitutional framework."

The Supreme Court examined whether Chapter VIII-A of the MHADA Act aligns with the principles of Article 39(b) of the Indian Constitution, which aims ...

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High Court of Karnataka Allows Writ Petition of Gram Panchayat Member Challenging Disqualification — Disqualification Order Quashed for Violation of Natural Justice. Failure to Provide Opportunity of Hearing Renders Disqualification Under Karnataka Panchayat Raj Act, 1993 Invalid.

The petitioner, Smt. Lalitabai, was elected as a member of Mogha (K) Gram Panchayat in elections held on 22.12.2020 and declared on 30.12.2020. She wa...

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Supreme Court Dismisses Appeals of Generating Company and State Utility in Electricity Tariff Dispute. Deemed Generation Incentive Not Payable After 1995 Notification; Supplementary Agreement Bars Retrospective Interest on Deemed Loan.

The Supreme Court dismissed two appeals arising from a common order of the Appellate Tribunal for Electricity (APTEL) concerning a power purchase agre...

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Bombay High Court Dismisses Revenue's Appeal in Depreciation Claim Case. Depreciation Being Optional Cannot Be Thrust Upon Assessee When There Is Total Loss Under Section 80IB of Income Tax Act, 1961.

The Revenue appealed against the Income Tax Appellate Tribunal's order allowing the assessee's appeal. The assessee, a company engaged in hotel busine...

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Bombay High Court Quashes Reopening Notice Under Section 148 for Lack of Fresh Material. Reassessment Based on Mere Change of Opinion on Exemption Under Section 10(38) of Income Tax Act, 1961 is Invalid.

The Petitioner, General Insurance Corporation of India, a public sector general insurance company, filed a return of income for Assessment Year 2006-0...

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Bombay High Court Allows Amendment of Written Statement to Cure Signature and Verification Defect — Procedural Rules Subserve Justice. Defect in signature and verification of written statement by some defendants can be cured at appellate stage under Order 6 Rule 17 CPC as no prejudice caused.

The petitioners, original plaintiffs in Special Civil Suit No.294 of 2002, filed a suit for specific performance of contract against the respondents. ...

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Bombay High Court Dismisses Petitions Challenging RBI Circular Excluding Primary Cooperative Credit Societies from Deposit Insurance Coverage. Circular dated 22.02.2008 Held Valid as It Merely Clarifies Existing Definition Under Section 2(g) of DICGC Act, 1961.

The judgment concerns two writ petitions filed by cooperative credit societies challenging a circular dated 22.02.2008 issued by the Reserve Bank of I...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Possession and Mesne Profits — Landlord-Tenant Relationship Established Through Rent Receipts and Admission.

The petitioner, Smt. Kausalyabai Kisan Chavan, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and decre...