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Supreme Court Allows Appeal in Partition Suit Based on Daughter's Inheritance Rights Under Pre-1956 Hindu Law. Property Deemed Self-Acquired, Daughter Inherits by Succession, Not Survivorship, Under Mitakshara Principles, Leading to Partition Decree for Appellants.

The dispute arose from a partition suit filed by Thangammal, claiming a 1/5th share in properties originally owned by Marappa Gounder. The suit was di...

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Supreme Court Partially Upholds Section 10(26AAA) of Income Tax Act, 1961 in Sikkim Tax Exemption Challenge. Gender-Based Proviso Denying Exemption to Sikkimese Women Marrying Non-Sikkimese Struck Down as Unconstitutional.

The judgment concerns a writ petition under Article 32 challenging the constitutional validity of Section 10(26AAA) of the Income Tax Act, 1961, which...

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Bombay High Court Hears Second Appeal Against Partition Decree; Challenge to Lower Appellate Court's Grant of 1/4th Share in Joint Family Properties. Plaintiff Claimed Share via Will but Court Rejected Will Yet Allowed Partition, Now Appellants Contend Family Settlement Extinguished All Shares.

The second appeal before the Bombay High Court arises out of a partition suit. The plaintiff, Smt. Sushila, filed a suit for declaration, partition, a...

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Bombay High Court Allows Writ Petition Challenging Scrutiny Committee's Rejection of Scheduled Tribe Certificate — Pre-Constitutional Records of 'Dhor Koli' and 'Tokre Koli' Held Synonymous Under Presidential Order Entry 28, Committee's Order Quashed.

The petitioner challenged the order of the Scheduled Tribe Certificate Scrutiny Committee (respondent no. 2) which refused to validate her 'Tokre Koli...

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Supreme Court Allows Partition Appeal and Remands for Fresh Consideration of Cross-objection. High Court's dismissal of cross-objection without merits set aside; matter remanded for adjudication of partition claims.

The case involves a partition suit filed by the respondents (original plaintiffs) in O.S. No.73 of 2004 before the Additional Civil Judge, Hubli, seek...

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Supreme Court Dismisses Appeal in Partnership Dissolution Case — Limitation Bar Cannot Be Raised for First Time in Appeal Without Pleadings. Division Bench Correctly Set Aside Single Judge's Order on Limitation Issue Not Raised in Trial Court.

The present appeal arises from a partnership dispute. The plaintiff, S. Raghuraj Reddy, along with other partners, constituted a partnership firm, M/s...

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Supreme Court Allows Appeal of Muslim Divorced Woman in Maintenance Case — Family Court Has Jurisdiction Under Muslim Women (Protection of Rights on Divorce) Act, 1986. High Court erred in holding that Family Court lacks jurisdiction to entertain application under Section 3 of the Act.

The appeal arose from a judgment of the Rajasthan High Court which set aside an order of the Family Court granting maintenance to a Muslim divorced wo...

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Bombay High Court Allows Transfer of DV Proceedings to Family Court for Joint Trial with Divorce Petition Under Section 24 CPC. Husband's Application Granted to Avoid Multiplicity of Proceedings and Conflicting Decisions in Matrimonial Disputes.

The Bombay High Court allowed an application under Section 24 of the Code of Civil Procedure, 1908, filed by the husband seeking transfer of DV procee...