Supreme Court

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Supreme Court Allows Election Appeal, Sets Aside High Court Dismissal in Election Petition Over Defamatory Pamphlet Distribution. Corrupt Practice Under Section 123(4) of Representation of the People Act, 1951 Established Where Respondent Was Responsible for Circulation of Anonymous Leaflet During Election....

The appeal arose from an election petition challenging the election of the returned candidate from the Chennur constituency of the Andhra Pradesh Legislative Assembly held on 5th March, 1972. The appe...

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Supreme Court Dismisses Detenu's Habeas Corpus Petition Challenging Preventive Detention Under Maintenance of Internal Security Act, 1971. Bomb Attack Grounds Established Disturbance of Public Order, and Detention Upheld as Subjective Satisfaction Was Reasonable; State Directed to Consider Second Representation Under Section 14 of the Act....

The petitioner, detained under the Maintenance of Internal Security Act, 1971, filed a habeas corpus petition under Article 32 of the Constitution challenging the detention order passed by the Commiss...

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Supreme Court Dismisses Insurer's Appeal Against Extension of Time for Arbitration in Insurance Claim Dispute. Extension of time under Section 37(4) of Arbitration Act, 1940 granted as refusal would cause undue hardship to claimant whose conduct was reasonable and bona fide, despite police report alleging false robbery....

The appellant, an insurance company, appealed against an order of the Calcutta High Court which allowed an application under Section 37(4) of the Arbitration Act, 1940 for extension of time to refer a...

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Supreme Court Allows Appeals in Arbitration Act Stay Dispute Due to Respondents' Failure to Show Readiness and Willingness. Trial Court's Finding of Non-Readiness Was Not Perverse and High Court Erred in Reversing It Under Section 34 of Arbitration Act, 1940....

The case involved two appeals by special leave filed by Food Corporation of India against two orders of the Madras High Court staying suits under Section 34 of the Arbitration Act, 1940. The Corporati...

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Supreme Court Upholds Defendant/Appellant in Civil Suit Involving Section 92 CPC Consent for Public Trust Administration. Suit Seeking Injunction Against Alleged Breach of Trust and Interference with Religious Recitals Fell Within Section 92(1)(h) CPC, Requiring Prior Advocate General Consent Under Section 92 CPC....

The dispute arose from a civil suit instituted in 1963 by the respondents (plaintiffs) against appellant No.1, the trustee of a Dharamsala Dera Baba Jaimal Singh in village Balsarai, Amritsar. The pla...

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Supreme Court Dismisses Election Petition Appeal in Bihar Assembly Election Recount Case. Court Holds Recount Not Warranted Where Allegations of Counting Irregularities Not Pleaded or Prima Facie Established Under Representation of the People Act, 1951....

In an election for the 168-Katoria Bihar Legislative Assembly constituency, respondent No.1 was declared elected with 16,649 votes against the appellant's 16,074; 1,219 votes were rejected as invalid....

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Supreme Court Dismisses Appeal in Hindu Adoptions and Maintenance Act Dispute; Goda Datta Adoption Made Before Act Held Revocable After Commencement. Section 30 of Hindu Adoptions and Maintenance Act, 1956 Saves Pre-Act Adoption Validity and Effect but Section 15 Does Not Apply to Pre-Act Adoption, Allowing Customary Revocation to Continue....

The dispute arose from a suit filed by the respondent, a widow, seeking a declaration that the appellant was not her adopted son. The appellant claimed that he had been adopted by the respondent in 19...

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Supreme Court Dismisses Appeal in Contract Indemnity Case; Forward Contracts in Oilseeds Held Illegal Under Section 23 of Indian Contract Act, 1872. Collateral Agreements Tainted by Unlawful Object Cannot Support Indemnity Claim Under Sections 222 and 224 Where Essential Commodities Forward Contracts Prohibited....

The Supreme Court dismissed an appeal by a commission agent firm seeking indemnification from its principals for payments made in connection with forward contracts in groundnut and oil seeds. The disp...

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Supreme Court Quashes Detention Order in MISA Case Due to Non-Existent Ground and Lack of Application of Mind. Detention Under Section 3(2)(iii) of Maintenance of Internal Security Act, 1971 Invalidated Where One Ground Was Based on a Requirement Dispensed With by Subsequent State Order....

The case involved a challenge under Article 32 of the Constitution to an order of detention passed by the District Magistrate, Ranchi under Section 3(2)(iii) of the Maintenance of Internal Security Ac...