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Land Mark Judgements

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A recent landmark judgement by SC

Written on 7 Sep, 2010 at 13:11 in Land Mark Judgements, Legal | viewed 98 times | 1 Comment

By Adv. Vinod Sampat  CIVIL APPELLATE JURISDICTION   CIVIL APPEAL NO. 2544 OF 2010   Nahalchand Laloochand Pvt. Ltd. …………..    Appellant  Versus  Panchali Co-operative Housing Society Ltd. …………..     Respondent  WITH  CIVIL APPEAL NO. 2545 OF 2010  CIVIL APPEAL NO. 2546 OF 2010  CIVIL APPEAL NO. 2547 OF 2010  CIVIL APPEAL NO. 2548 OF... (Continue reading)

Builders can not sell stilt parking areas – Supreme Court

Written on 4 Sep, 2010 at 13:15 in Land Mark Judgements, Legal | viewed 477 times | 35 Comments

In a recent case of an argument of a real estate development company that they are entitled to sell garages or stilt parking areas as separate flats to owners who intend to use it as parking facilities, a bench of... (Continue reading)

Demolition of Illegal Constructions

Written on 21 Aug, 2010 at 13:58 in Land Mark Judgements, Legal | viewed 12 times | 1 Comment

In a recent case of a writ petition filed against a case of flat owners of an illegally constructed building seeking respite from the BMC’s orders, the divison Bench of the Bombay HC held that in such matters it is... (Continue reading)

Section 50C does not apply to “rights” in land & building like tenancy rights

Written on 28 May, 2010 at 12:07 in Land Mark Judgements, Real Estate News | viewed 12 times | 0 Comments

Kishori Sharad Gaitonde vs. ITO (ITAT Mumbai) The assessee, a tenant in a flat, sold tenancy rights for Rs. 30 lakhs and offered long-term capital gains on the basis that the said sum was the consideration. The AO took the view... (Continue reading)

Stamp Duty is applicable on purchase of property in public auction

Written on 1 Apr, 2010 at 12:03 in Land Mark Judgements, Real Estate News, Stamp Duty | viewed 46 times | 0 Comments

The Madras High Court has held that an instrument, whether a certificate of sale or sale deed, issued in a public auction of properties, was chargeable with stamp duty under Article 18 read with Article 23 of Schedule I to... (Continue reading)

The Builder is obliged to give the Occupation Certificate

Written on 3 Dec, 2009 at 16:11 in Land Mark Judgements, Legal | viewed 156 times | 8 Comments

Importance of Occupation Certificate (OC)... (Continue reading)

Transfer of leased premises sans business ends taxpayer’s right in capital asset

Written on 24 Nov, 2009 at 21:17 in Income Tax, Land Mark Judgements, Legal | viewed 32 times | 0 Comments

Recently, the Mumbai bench of Income-tax Appellate Tribunal (the Tribunal) in the case of United Motors (I) Ltd. has held that income from transfer of a leased premises without transferring its own business amounts to extinguishment of the taxpayer's right... (Continue reading)

HC upholds 1980 land ceiling verdict

Written on 24 Oct, 2009 at 11:17 in Land Mark Judgements, Legal | viewed 14 times | 1 Comment

A five-judge bench of the Bombay High Court upheld a 1980 ruling by a three-judge bench on holding of land in Maharashtra under the Agriculture Land Ceiling Act. The ruling means that while deciding whether a person is holding land... (Continue reading)

HC: Minority of Tenants Cannot Oppose Redevelopment

Written on 21 Oct, 2009 at 3:59 in Land Mark Judgements, Legal | viewed 64 times | 2 Comments

A minority of tenants cannot stand in the way of redevelopment of a property if 70% of the tenants have given their approval for it, the Bombay high court has ruled. ... (Continue reading)

Govt cannot acquire Private land without the owners approval

Written on 17 Oct, 2009 at 19:38 in Land Mark Judgements | viewed 33 times | 2 Comments

The Supreme Court (SC) has held that the government can’t use its "extraordinary" powers to deprive an owner of his land as it would violate the citizen’s Fundamental Right.... (Continue reading)

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