Search Results for "colourable exercise"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "colourable exercise"

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High Court

High Court of Bombay at Goa Dismisses Revenue's Appeal in Tax Evasion Case — Transaction of Share Transfer Held Genuine, Not a Colourable Device. The court upheld the ITAT's finding that the sale of shares of group companies at a low price and sale of shares of Mackhinon & Mackenzie Co. Ltd. at a high price were genuine transactions, and the resultant set-off of long-term capital loss against short-term capital gains was permissible under the Income Tax Act, 1961.

23 Oct 2013

The case pertains to an appeal filed by the Commissioner of Income Tax under Section 260A of the Income Tax Act, 1961, against the order of the Income...

High Court

Bombay High Court Allows Revenue Appeal in Gift Tax Case — NRI Gift in Srinagar Held Not Exempt Under Section 5(ii) of Gift Tax Act, 1958. Court finds transaction colourable as gift was made by NRI in Srinagar where Gift Tax Act was not applicable, but donor was not resident of Jammu and Kashmir.

2 Aug 2005

The Revenue appealed against the order of the Income Tax Appellate Tribunal which had allowed the assessee's claim for exemption from Gift Tax under S...

High Court

Bombay High Court Dismisses Petitions Challenging Land Acquisition for Solid Waste Management Project — Acquisition for Public Purpose Upheld Under Land Acquisition Act, 1894. The court held that the project aimed at scientific disposal of solid waste is a public purpose and the invocation of urgency clause under Section 17 was justified.

30 Nov -0001

The judgment concerns four writ petitions filed by various landowners and a company challenging the acquisition of their land by the State of Maharash...

High Court

Bombay High Court Allows Landlord's Revision in Rent Control Case for Bonafide Requirement. Landlord's need for premises for himself, aged parents, and children held bonafide under Section 31F of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

26 Jun 2006

The case involves four Civil Revision Applications under Section 31F of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, arising fro...

Supreme Court

Supreme Court Dismisses Appeals Challenging Wakf Board Notification Including Service Inam Lands in Dargah Property. Errata Notification Adding Lands to Wakf Property Upheld as Valid Exercise of Power Under Wakf Act, 1995.

7 Feb 2022

The Supreme Court dismissed a batch of civil appeals challenging an order of the Andhra Pradesh High Court that upheld an Errata Notification issued b...

High Court

Bombay High Court Quashes Slum Acquisition Notice Against Cooperative Housing Society for Non-Compliance with Section 14(1) of Maharashtra Slum Act. Failure to Consider Petitioner's Compliance and Lack of Proper Inquiry Renders Acquisition Invalid.

30 Sep 2014

The petitioner, The Reserve Bank Employees' Snehdhara Cooperative Housing Society Ltd., filed a writ petition under Articles 226 and 227 of the Consti...

Supreme Court

Supreme Court Upholds Municipal Corporation's Land Acquisition for Road Construction Under Mumbai Municipal Corporation Act. Municipal Corporation Validly Exercised Independent Powers Under MMC Act Without Requiring Road Inclusion in Development Plan Under MRTP Act, With Public Interest Justifying Acquisition Despite Property Owners' Objections.

2 Sep 2022

The dispute originated from the Municipal Corporation of Mumbai's efforts to acquire portions of the appellants' property for constructing a link road...

Supreme Court

Supreme Court Allows Assessee's Appeal in Income Tax Dispute Over Non-Compete Fee Taxability. Amount Received Under Deed of Covenant Held as Capital Receipt Not Taxable Under Section 28(ii)(a) of Income Tax Act, 1961, Due to Separate Genuine Transaction and Procedural Error in High Court's Judgment.

22 Jul 2020

The appeal concerned the assessment year 1995-96 involving Shri Shiv Raj Gupta, Chairman and Managing Director of Central Distillery and Breweries Ltd...

High Court

Bombay High Court Grants Interim Injunction in Copyright Infringement Case Over Hair Colour Product Trade Dress. L'Oreal's artistic work in label/trade dress held entitled to protection against alleged imitation by Henkel.

16 Aug 2005

The plaintiffs, L'Oreal India Pvt. Ltd. and its parent company, filed a suit seeking a permanent injunction against the defendants, Henkel Marketing I...

High Court

Bombay High Court Quashes Pre-execution Detention Order Under MPDA Act for Colourable Exercise of Power — Detention Order Set Aside as It Was Passed to Extort Bribe, Not for Public Order. The court held that the detention order was a colourable exercise of power and not for the purpose of maintaining public order, as the alleged incident was a simple quarrel.

19 Jun 2006

The petitioner, Nitin Dattatray Keny, filed a criminal writ petition challenging a detention order dated 31.10.2005 passed by the Commissioner of Poli...

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