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Supreme Court Allows Appeal in CPC Revision, Sets Aside High Court Orders Due to Lack of Jurisdictional Error. The High Court had exceeded its revisional jurisdiction under Section 115 of the Code of Civil Procedure, 1908, by treating the revision as an appeal and reversing a stay order without finding any illegality or material irregularity....

The dispute arose from an agreement dated August 9, 1963, under which the appellant company agreed to purchase 264 kanals and 12 marlas of land from the respondents. A suit for specific performance wa...

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Supreme Court Allows Appeal in Diamond Theft Case, Holding Accused's Statement Inadmissible Under Section 27 of Indian Evidence Act, 1872. Statement Leading to Recovery of Diamonds from Co-Accused Does Not Constitute Discovery Directly Outcome of Such Information, Failing to Satisfy Section 27....

The case involved a criminal appeal before the Supreme Court against the conviction of the appellant for theft of a parcel containing diamonds, along with two co-accused, under Section 379 read with S...

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Supreme Court Upholds Licence Fee Validity Under Factories Act, 1948; Levy Is Fee, Not Tax, Due to Services Rendered by Inspectors. Inspection Services and Spending of 60% of Fee Revenue Establish Quid Pro Quo Justifying Annual Renewal Fee for Factories Under Delhi Factories Rules, 1950....

The Delhi Cloth and General Mills Co. Ltd., which operated several factories in Delhi, was required under the Factories Act, 1948 and the Delhi Factories Rules, 1950 to obtain and annually renew facto...

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Supreme Court Allows Appeal in Motor Vehicles Act Case; Holds That Non-Furnishing of Information Does Not Lead to Summary Rejection of Permit Application. The Court Rules That Section 46 of the Motor Vehicles Act, 1939 Is Not Mandatory and Transport Authority Can Call for Additional Information....

The Supreme Court allowed an appeal by the Maharashtra State Road Transport Corporation, setting aside the judgment of the Bombay High Court and restoring the order of the Appellate Committee. The Cor...

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Supreme Court Partly Allows Appeal Against Confiscation of Foodgrains; Forfeiture of Juar Held Illegal Due to Lack of Express Provision, While Rule 141(2) Defence of India Rules Upheld as Intra Vires...

The appellant was convicted by the Judicial Magistrate, First Class, Mehkar under three orders: Maharashtra Jwar (Restriction on Purchase and Sale and Control of Movement) Order, 1964, Buldana Distric...

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Supreme Court Clarifies Tests for Determining Public Character of Temples in Dispute Over Temple Ownership. Factors Include Public Worship Rights, Contributions, and Management Consciousness; Architectural Appearance Not Decisive....

The Supreme Court, in this appeal arising from a Bombay High Court decree, examined the criteria for distinguishing a public temple from a private one. The dispute involved a temple claimed by the app...

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Supreme Court Dismisses Appeal by Brothers Claiming Preference Over Sister in Succession of Predeceased Husband’s Property. Holding that Arabic Numerals in Class II Schedule Do Not Create Separate Entries, All Heirs Under Section 8, 11 Share Equally....

The dispute arose from the intestate death of Ratnamala Dassi, a Hindu widow governed by the Bengal School of Hindu Law as modified by the Hindu Succession Act, 1956, who died in January 1964 leaving ...

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Supreme Court Dismisses Appeal in Trust Deed Dispute, Holding Dominant Purpose is Charity. Cy-pres Doctrine Inapplicable to Increase Maintenance for Family Members as Such Payments Are Not Charitable Objects....

The dispute arose from a trust deed executed in 1908 by S.D. Mudaliar, the great-grandfather of the appellant, settling certain properties. The deed directed trustees to apply the income for charitabl...

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Supreme Court Upholds Registration of 'DROPOVIT' Trade Mark in Vitamin Preparation Dispute; Holds No Deceptive Similarity with 'PROTOVIT'. Terminal Syllable 'VIT' Held Common to Trade and Descriptive, and Pharmaceutical Products Sold on Prescription Reduce Likelihood of Confusion under Sections 12(1) and 9(1) of Trade and Merchandise Marks Act, 1958....

The dispute involved a trade mark rectification proceeding under the Trade and Merchandise Marks Act, 1958, between F. Hoffmann-La Roche & Co. Ltd., a Swiss pharmaceutical company, and Geoffrey Manner...