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Supreme Court Upholds Constitutional Validity of Section 43B(f) of Income Tax Act — Leave Encashment Deduction Allowed Only on Actual Payment. Clause (f) is not arbitrary or violative of Article 14 as it serves a legitimate purpose of preventing abuse and ensuring employee welfare.

The Supreme Court in this appeal considered the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, which was inserted b...

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Bombay High Court Dismisses Municipal Council's Second Appeal in Property Dispute — Upholds Concurrent Findings of Ownership and Possession. Reservation for Octroi Naka Deleted in 1975, Municipal Council Cannot Claim Title or Eviction Without Acquisition Under Section 100 CPC.

The present second appeal was filed by the Municipal Council, Amalner (original defendant) challenging the judgment and decree passed in Regular Civil...

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High Court of Karnataka Allows Amendment of Plaint in Civil Suit for Permanent Injunction to Include Alternative Relief of Specific Performance. Pre-trial amendment under Order 6 Rule 17 CPC should be liberally allowed if no prejudice is caused to the opposite party.

The petitioner, Shri Bhramappa S/o Parappa Savadi, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order...

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Bombay High Court Upholds Arbitrator's Jurisdiction Over Counter-Claim in Partnership Dispute. Allegations of fraud in counter-claim do not render it non-arbitrable unless serious and complex, under Section 16 of Arbitration and Conciliation Act, 1996.

The case involves two arbitration petitions filed by Rekha Agarwal and Sunil Agarwal challenging an order of a Sole Arbitrator under Section 16 of the...

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Bombay High Court Dismisses Daughter-in-Law's Appeal Against Eviction Decree in Property Dispute. Court Holds That Daughter-in-Law Has No Independent Right to Reside in Father-in-Law's Self-Acquired Property After Husband's Death, Upholding Trial Court's Decree for Mandatory Injunction.

The appellant, Jagruti K. Thakar, was the original defendant No.1 in a suit filed by her father-in-law, Dhanubhai Thakar (respondent No.1), seeking a ...

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Bombay High Court Allows Writ Petitions Challenging Mutation Entries in Revenue Records — Held That Mutation Entries Do Not Confer Title and Must Be Based on Lawful Possession or Title. Revenue Authorities Cannot Adjudicate Title Disputes and Must Respect Civil Court Decrees.

The case involves two writ petitions filed by the petitioners, who are legal representatives of the original owners of agricultural lands in Korali, T...