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Supreme Court Upholds Union's Appeal in Customs Duty Refund Suit; Civil Court Jurisdiction Barred Due to Statutory Remedy Under Sea Customs Act. The Court Held That Liability to Pay Customs Duty Is Not a Common Law Liability, and the Act Provides a Complete Machinery for Redress, Impliedly Excluding Civil Court Jurisdiction Unless Exceptional Circumstances Exist....

The case concerned a suit for refund of customs duty levied on the import of newsprint. The plaintiff, A.V. Narasimhalu, imported 43 reels of newsprint of width 131/4 inches, claiming exemption from d...

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Supreme Court Upholds Conviction of Dealer for Obstructing Sales Tax Inspector During Inspection Under MP General Sales Tax Act. Forcible Taking of Account Books for Temporary Inspection Not Seizure; Distinction Between Inspection and Seizure Under Sections 29(2) and 29(3) Clarified....

The dispute arose from a surprise inspection at the shop of appellant Mangat Rai, a dealer under the Madhya Pradesh General Sales Tax Act, 1958. A Sales Tax Inspector visited the shop and noticed acco...

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Supreme Court Allows State's Appeal in Service Matter Involving Efficiency Bar Under Civil Service Rules. Express Order Under Rule 38 of Hyderabad Civil Services Rules and Rule 52 of Mysore Civil Service Rules Required for Crossing Efficiency Bar; Dropping of Disciplinary Proceedings Does Not Automatically Constitute Sanction....

The dispute arose out of a writ petition filed by an executive engineer who had served in the Public Works Department of the erstwhile Hyderabad State and was later allotted to the State of Mysore fol...

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Supreme Court Allows Assessee's Appeals; Profits from Sale of Gold and Shares Held Capital Receipts Not Taxable as Income. Court Rules Transactions Were Realisation of Investment, Not Adventures in Nature of Trade, and High Court Erred in Treating Tribunal's Finding as Unreviewable Fact....

The appeals arose from references under Section 66(2) of the Income Tax Act, 1922 concerning the assessee, a large landholder, who had inherited substantial Government securities. Upon attaining major...

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Supreme Court Sets Aside Industrial Tribunal Award Directing Statutory Dock Labour Board to Pay Bonus to Dock Workers; Holds Board Not Employer and Not Carrying on Industry Under Industrial Disputes Act...

The dispute arose out of a claim for bonus made by two unions of dock workers at Visakhapatnam Port for the accounting years 1964-65, 1965-66 and 1966-67. The Central Government referred the dispute t...

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Supreme Court Dismisses Appellant's Application for Decree as Time-Barred Under Arbitration Act. Sending Copy of Signed Award Constitutes Valid Notice In Writing Under Section 14(1) of Arbitration Act, 1940....

The dispute arose out of a contract between the appellant, Parasramka Commercial Company, and the respondent, Union of India. The contract contained an arbitration clause, and the disputes were referr...

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Supreme Court Dismisses Lessor’s Appeal in Lease Renewal Dispute — Renewal Clause Does Not Offend Rule Against Perpetuity. Option to Renew Lease Every Ten Years Does Not Create an Interest in Property Under Section 14 of the Transfer of Property Act, 1882....

The dispute arose from a lease deed executed on October 26, 1951, between the appellant-lessor and the respondent-lessee for premises in Bangalore. The lease was granted for an initial term of ten yea...

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Supreme Court Quashes Amendment to Bihar Land Reforms Act and Rule as Ultra Vires; State Legislature Competence Ousted by Parliamentary Occupation of Minor Minerals Field. Second Proviso to Section 10(2) of Bihar Land Reforms Act, 1950 and Rule 20(2) of Bihar Minor Mineral Concession Rules, 1964 Declared Invalid....

The dispute arose from the Bihar Government's attempt to unilaterally modify the terms of a mining lease for minor minerals, relying on an amendment to the Bihar Land Reforms Act, 1950, and a newly in...

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Supreme Court Sets Aside High Court's Declaration of Right to Appointment as Trustees in Suit Not Complying with Section 92 CPC. Bare Declaration of Right Without Consequential Relief is Barred by Section 42 of Specific Relief Act, 1877....

The case originated from a charitable trust created by a deed of settlement in 1953. The original trustees included the settlor, the fathers of the two plaintiffs, and several defendants. After the fa...