Supreme Court

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Supreme Court Upholds Conviction under Section 406 IPC but Reduces Default Imprisonment Sentence Exercised in Excess of Magistrate's Powers. First Class Magistrate Could Not Impose More Than Six Months' Imprisonment in Default of Fine Under Sections 32 and 33 of CrPC 1898, Harmonised with Section 65 IPC....

The appeal arose from a conviction under Section 406 of the Indian Penal Code. The appellant was originally convicted by the Munsif Magistrate of Karoli, District Bharatpur, Rajasthan, and sentenced t...

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Supreme Court Partly Allows Appeals in Election Petition Concerning Corrupt Practice Allegations and Interrogatories. Trial Court's Orders Striking Out Corruption Issues and Refusing Amendment Set Aside, While Order Striking Out Interrogatories Upheld Under Order XI Rule 1 CPC and Section 86(5) of Representation of the People Act, 1951....

The Supreme Court heard two civil appeals by special leave arising from an election petition filed by the appellant challenging the election of the first respondent to the Lok Sabha from Rae Bareilly ...

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Supreme Court Upholds Tribunal Award Granting 15 Paise Daily Transport Allowance to Workmen Residing More Than Five Miles from Factory. Region-Cum-Industry Principle and Social Justice Justify Imposing New Obligation on Employer Under Industrial Disputes Act, 1947....

The Supreme Court examined three appeals arising from awards of the Industrial Tribunal, Gujarat concerning the demand for transport allowance by workmen employed in two chemical manufacturing compani...

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Supreme Court Upholds State in Excise Privilege Auction Challenge; Rejection of Highest Bid Without Reasons Valid. Government's Power under Sections 22 and 29 of Bihar and Orissa Excise Act, 1915 to Reject Inadequate Bid and Sell by Private Negotiation Not Arbitrary....

The dispute arose from a writ petition filed under Article 226 of the Constitution before the High Court of Orissa challenging the State Government's refusal to confirm the highest bids for the exclus...

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Supreme Court Allows Appeal by Employer in Industrial Disputes Act Case Holding Strike Illegal During Pendency of Section 36A Reference. Section 23(b) of Industrial Disputes Act, 1947 Applied as Reference Under Section 36A Reopened Earlier Award and Employer Remained Party Despite Non-Participation....

The Supreme Court heard an appeal by special leave against the Patna High Court's dismissal of a writ petition filed by Ballarpur Collieries Co., a private partnership colliery, challenging the legali...

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Supreme Court Allows Appellant in Kidnapping Case Against Sentence Enhancement; Restores One-Year Rigorous Imprisonment Under Section 366 IPC. High Court's Enhancement to Seven Years Set Aside for Absence of Strong Reasons Disclosed on Face of Judgment and Because Trial Court's Sentence Was Substantial and Not Manifestly Inadequate....

The appeal before the Supreme Court by special leave was limited to the question of sentence. The appellant, Shiv Govind, aged about 20 years, was the youngest of three accused jointly tried and convi...

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Supreme Court Partly Allows Appeal in Industrial Dispute Over Retirement Age Under Certified Standing Orders. Certified Standing Order Clause Fixing Retirement at 55 Was Invalid Before 1956 Amendment, but Modified Age of 58 Was Valid and Applied to Employees....

The dispute arose from the compulsory retirement of seven workmen by the appellant, a limited liability company engaged in electricity generation and distribution at Allahabad, under clause 32 of its ...

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Supreme Court Upholds Industrial Tribunal Award Setting Aside Retirement of Workman in Industrial Dispute Over Retirement Age. Tribunal's Finding That Workman Not Bound by 1961 and 1966 Agreements and Entitled to Continue Till 60 Years Upheld Under Industry-cum-Region Principle....

The appeal arose from an industrial dispute concerning retirement age of a workman employed by Dunlop India Limited. The workman, Hari Nath Bhattacharjee, joined service in 1944 when no rules of super...

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Supreme Court Allows Appeal in Specific Performance Rescission Case; Holds Court Retains Control Over Decree Even After Passing. Movable Property Sale Decree Could Be Rescinded Despite No Express Provision in Section 28 of Specific Relief Act, 1963, When Purchaser Defaults on Payment....

This civil appeal before the Supreme Court of India arose from a dispute over the sale of shares between Hungerford Investment Trust Limited (In Voluntary Liquidation) and Haridas Mundhra and others. ...