Supreme Court

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Supreme Court Dismisses State Appeal in Essential Commodities Prosecution for Ambiguous Order. Bihar Order's 'Component Parts and Accessories of Automobiles' Does Not Cover Motor Tyres and Tubes Absent Express Inclusion, Violating Fair Warning Principle in Criminal Law....

The State of Bihar appealed to the Supreme Court against the Patna High Court's order quashing criminal prosecution of the respondents, partners of M/s Auto Spare, Law Road, Gaya, for alleged contrave...

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Supreme Court Upholds Appellant in IPC Offence Based on Handwriting Expert Opinion and Reduces Sentence Due to Lapse of Time. Conviction Under Sections 384/511 IPC Upheld as Courts Below Compared Disputed and Specimen Writings and Agreed with Expert; Sentence Reduced to Period Already Undergone Considering Appellant on Bail Since January 1970....

The appeal by special leave arose from the judgment of the Allahabad High Court dismissing a revision against the appellant's conviction under Sections 384/511 of the Indian Penal Code for attempting ...

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Supreme Court Upholds Wife's Custody of Minor Children in Guardianship Dispute, Holding Welfare of Children Prevails Over Parental Rights. Father's Application Under Section 25 of Guardians and Wards Act, 1890 Held Maintainable but Custody of Daughter and Youngest Son Granted to Mother Because Father's Custody Did Not Better Serve Children's Welfare....

The dispute arose from a matrimonial conflict between Rosy Jacob, the wife, and Jacob A. Chakramakkal, the husband, concerning the guardianship and custody of their three children. The parties married...

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Supreme Court Dismisses Appeal in U.P. Zamindari Abolition and Land Reforms Act Case Concerning Intermediary's Grove Rights. Lessee of an Intermediary's Grove Land Acquires No Subsisting Interest After Commencement of the Act as Section 18(1) U.P. Zamindari Abolition and Land Reforms Act, 1950 Confers Bhumidhari Rights Only on the Intermediary....

The appeal before the Supreme Court of India arose from a dispute over a zamindari grove in Uttar Pradesh. The grove originally belonged to a number of co-sharers and, after partition, fell to the sha...

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Supreme Court Upholds Revenue Appeal in Estate Duty Act Case; Partition Not Disposition. Interest Ceasing on Death Under Section 7(1) Estate Duty Act, 1953 Applies as Partition Deed Allotting Life Interest to Widow Was Adjustment of Rights, Not a Transfer....

The dispute arose from the estate duty assessment of property allotted to a Hindu widow, Kotamma, under a registered partition deed dated 16 June 1943. The original Hindu undivided family consisted of...

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Supreme Court Sets Aside High Court's Retrial Order in Criminal Revision Against Acquittals. High Court's revisional jurisdiction under Section 439(4) of the Code of Criminal Procedure, 1898, could not convert acquittal into conviction, and absence of exceptional circumstances made wholesale retrial impermissible....

The Supreme Court of India adjudicated two criminal appeals by special leave arising from a judgment of the Andhra Pradesh High Court which had set aside a Sessions Court decision and ordered a retria...

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Supreme Court Allows Appeal in Judicial Service Promotion Dispute; Seniority of Civil Judge Class II Cannot Override Experience as Civil Judge Class I Requirement. High Court Resolution Dated May 3, 1968, Properly Interpreted, Did Not Create a New Class of Civil Judges but Set Standard of Fitness for Promotion Under Madhya Pradesh Civil Courts Act, 1958....

The dispute arose in the Madhya Pradesh judicial service where the respondent, a Civil Judge originally appointed in Madhya Bharat on 20-10-1956, was absorbed into Madhya Pradesh and placed at seniori...

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Supreme Court Allows Appellant in Murder Case to Reduce Death Sentence to Life Imprisonment Due to Delay and Mental Agony. Conviction Under Section 302 of Indian Penal Code Remained Unchallenged; Long Confinement in Condemned Cell and High Court's Failure to Independently Assess Sentence Justified Commutation to Life Imprisonment....

The case arose from a criminal appeal by special leave before the Supreme Court of India challenging the death sentence imposed on the appellant, Neti Sreeramulu, for the murder of Gadusula Seetha und...

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Supreme Court Dismisses Appeal in Indian Railways Act, 1890 Siding Charges Dispute Due to Civil Court Jurisdiction Over Past Dues. Section 26 of Indian Railways Act, 1890 Did Not Bar Suit as Railway Rates Tribunal Could Not Entertain Complaint Under Section 41 for Past Enhanced Siding Charges Already Due and Payable....

The dispute arose from a siding agreement dated July 4, 1933, between Modi Industries Ltd. and the Secretary of State for India-in-Council through the North Western Railway, later represented by Union...