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Bombay High Court Upholds Specific Performance of Unregistered Agreement Under MOFA — Loan Defence Rejected. Agreement for sale under Maharashtra Ownership Flats Act, 1963 is enforceable despite non-registration.

The plaintiffs, shop purchasers, filed a suit for specific performance of an unregistered agreement for sale dated 31.8.1991 against the defendant dev...

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Supreme Court Upholds Preferential Right of Heir Under Section 22 of Hindu Succession Act in Agricultural Land Dispute. Section 22 Applies to Agricultural Land as Succession is a Concurrent Subject and Section 4(2) Omission Confirms Uniform Application.

The appeal arose from a dispute between two brothers, Santokh Singh and Nathu Ram, who inherited agricultural land from their father. An arrangement f...

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Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in International Commercial Arbitration. Parties Impliedly Excluded Part I of Arbitration and Conciliation Act, 1996 by Agreeing to ICC Rules and Zambian Law.

The petitioner, Konkola Copper Mines (PLC), a company registered in Zambia, filed a petition under Section 9 of the Arbitration and Conciliation Act, ...

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Supreme Court Decides on the Validity of Arbitral Award Covering Foreign Immoveable Properties Excluded from Preliminary Decree in a Partition Suit. Construction of Reference to Arbitration under Section 21 of the Indian Arbitration Act, 1940 Clarified.

The dispute arose from a partition suit filed by the respondent, Subramaniam Chettiar, against his brother, Nachiappa Chettiar, and his sons (appellan...

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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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KAHC010525052012_1

The litigation originated from a suit for partition and declaration filed by the plaintiff, D. Sujatha, against the legal representatives of the origi...

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Bombay High Court Allows Writ Petition of Personal Assistants Seeking Parity in Pay Scale with Stenographers. Court holds that Personal Assistants and Stenographers perform identical duties and are entitled to equal pay under the principle of equal pay for equal work.

The petitioners, seven Personal Assistants working in the Bombay High Court, filed a writ petition seeking parity in pay scale with Stenographers. The...

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Madras High Court Upholds Annulment of Settlement Deed Under Senior Citizens Act for Grandson's Neglect. Implied Condition of Maintenance Found Sufficient Under Section 23(1) of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Where Deed Executed Out of Love and Affection.

The case arose under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, involving a senior citizen grandmother (respondent no.3) an...