Supreme Court

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Supreme Court Upholds Appellant in Arbitration Act Dispute — Consent Order and Acquiescence Confer Jurisdiction on Sole Arbitrator. Umpire's Award Upheld as Sole Arbitrator Had Jurisdiction Under Rule 4 of First Schedule to Arbitration Act, 1940 and Error of Law Not Apparent on Face of Award....

The dispute arose from a construction contract between a contractor and the Kerala State Electricity Board for the construction of a dam. Disputes over non-execution of the work led to five points bei...

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Supreme Court Allows Appeal and Sets Aside Bribery Conviction of Patwari in Prevention of Corruption Act Case. Widow of Deceased Appellant Permitted to Continue Appeal Because Composite Sentence of Imprisonment and Fine Treated as Appeal from Sentence of Fine Under Section 431 of Code of Criminal Procedure, 1898....

The Supreme Court considered an appeal by special leave under Article 136 of the Constitution against the conviction of a Patwari under Section 5(1)(d) read with Section 5(2) of the Prevention of Corr...

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Supreme Court Upholds Tenant in West Bengal Premises Tenancy Act Case - Retrospective Application of Section 13(3A) Barring Transferee Landlord's Eviction Suit Within Three Years of Purchase Held Constitutionally Valid. Section 13(1)(f) and (ff) Amendments Constitute Reasonable Restrictions Under Article 19(5) of Constitution of India....

The dispute arose from eviction proceedings initiated by a landlord who had purchased premises in the early sixties and filed a suit for ejectment of the tenant under Section 13(1)(f) of the West Beng...

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Supreme Court Upholds Reservation for Hill and Uttrakhand Areas but Strikes Down Rural Area Reservation in Medical College Admissions. Reservation Based on Place of Residence Violates Article 15(1) Unless It Identifies Socially and Educationally Backward Classes Under Article 15(4), and Rural Population Cannot Be Presumed Backward....

The case concerned constitutional challenges to reservations in medical college admissions in Uttar Pradesh for candidates from rural, hill, and Uttrakhand areas. The State Government had framed instr...

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Supreme Court Allows Appeal Against High Court's Retrial Order in Acquittal Case; Sets Aside Retrial and Restores Acquittal. High Court Erred in Reappreciating Evidence and Directing Retrial Under Section 439(4) CrPC Without Finding Manifest Illegality or Miscarriage of Justice....

The appeal arose from a criminal trial in which two accused persons were tried by the Civil and Sessions Judge, Lucknow, for offences connected with the death of one Nanhey Lal and injuries to his son...

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Supreme Court Upholds Election of Chairman of Board of School Education in Office of Profit Disqualification Challenge. Honorary Appointment Excludes Profit Under Article 191(1)(a) of Constitution of India; Board Lacked Competence to Fix Chairman's Pay Under Himachal Pradesh Board of School Education Act, 1968....

The dispute concerned an election petition challenging the election of a member to the Himachal Pradesh State Legislative Assembly on the ground that he held an office of profit under the State Govern...

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Supreme Court Upholds Election of Returned Candidate in Office of Profit Disqualification Case. Membership of Wage Board for Sugar Industry under Bombay Industrial Relations Act, 1946 Not an Office of Profit as Honorarium and Daily Allowances Were Compensatory, Not Remunerative, Under Constitution of India Articles 102 and 191....

The appeal arose from an election petition challenging the election of the first respondent to the Maharashtra State Legislative Assembly from Shirdi Constituency. The election was held on March 7, 19...

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Supreme Court Upholds State Government's Tax Enhancement on Contract Carriages under Madras Motor Vehicles Taxation Act, 1931. Levy of Rs.100 per seat per quarter held compensatory and non-discriminatory, valid under Articles 14 and 301 of Constitution....

The case concerned the constitutional validity of an enhancement of motor vehicles tax on omnibuses in Tamil Nadu. The State Government, by notification dated 20-9-1971, increased the tax on contract ...

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Supreme Court Quashes Preventive Detention Order of Student Leader Under MISA for Vagueness and Lack of Nexus with Public Order. Detention Ground Referring to 'Gujarat Type of Agitation' Deemed Vague; Mere Participation in Peaceful Protest or Formation of Sanchalan Samiti Held Insufficient to Disrupt Public Order....

The case concerned a writ of habeas corpus under Article 32 of the Constitution of India challenging a preventive detention order passed by the District Magistrate, Patna, under Section 3(1)(a)(ii) of...

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Supreme Court Upholds Writ Petitioners and Respondent in Blacklisting Challenge Under Article 14 of Constitution of India, 1950. State's Resolution Not to Deal with Petitioners and Blacklisting of Approved Contractor Were Set Aside for Failure to Give Prior Notice and Opportunity to Show Cause....

The Supreme Court considered two writ petitions under Article 32 of the Constitution and one civil appeal from the Bombay High Court. The common question was whether a person put on the black list by ...