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Supreme Court Upholds Preliminary Objection and Dismisses Appeal of Pre-emptors in Punjab Pre-emption Act Case. Retrospective Amendment of Section 31 by Punjab Act 10 of 1960 Bars Pre-emption Decree for Proprietors, Following Ram Swarup v. Munshi....

The appeal before the Supreme Court arose out of two consolidated suits for pre-emption filed after a sale of agricultural land in June 1957. The appellants, Mula and others, and respondents 1 to 3, G...

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Supreme Court Upholds Full Ownership for Widow under Hindu Succession Act, 1956. Widow's Pre-1956 Acquisition via Partition Award Confers Absolute Rights under Section 14(1), Not Restricted Estate under Section 14(2)....

A Hindu male, who owned self-acquired properties, died in 1947 leaving behind five sons and a widow. In 1950, the heirs appointed an arbitrator to partition the assets and liabilities. The arbitrator ...

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Supreme Court Upholds Validity of Excise Duty on Rubber Users Under the Rubber Act, 1947. Levy Valid as Excise Duty on Production Can Be Collected from Users and Act Contains Sufficient Policy Guidance Against Excessive Delegation....

The case involved a challenge by Jullundur Rubber Goods Manufacturers’ Association, an association of rubber chappal manufacturers in Jullundur, Punjab, to the validity of a cess imposed as excise d...

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Supreme Court Acquits Author and Publisher in Obscenity Case Under Section 292 IPC, Finding Story Not Obscene as Moral Element Predominated. Conviction Quashed After Court Applies Overall View Test, Holding Story Did Not Deprave or Corrupt Readers....

The appellant, author Chandrakant Kalyandas Kakodar, and the printer-publisher were convicted under Section 292 of the Indian Penal Code for publishing an allegedly obscene short story 'Shama' in the ...

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Supreme Court Remits Appeal After Condoning Delay Due to Counsel's Genuine Mistake in Filing Appeal Before Wrong Court Under Section 5 of Limitation Act, 1908. High Court Erred in Not Extending Time Where Counsel Bona Fide Misconstrued Rules for Forum of Appeal Under Punjab Courts Act Section 39(1) and High Court Rules....

The appellant, Lala Mata Din, filed a suit for rendition of accounts, injunction, and ejectment against the respondent, A. Narayanan, in the court of the Senior Sub-Judge, Delhi. The suit was original...

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Supreme Court Dismisses Railway’s Appeal Against High Court’s Direction to Reinstate Terminated Employee. Arbitrary Six-Year Time Limit for Reinstatement Under Rules 148 and 149 of Indian Railway Establishment Code Quashed....

The dispute arose from the termination of service of Shri Sachindra Nath Sen, an Assistant Traffic Superintendent on the North East Frontier Railway, whose services were terminated under Rule 148 of t...

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Supreme Court Remands Income Tax Reference to High Court for Improper Conditional Disposal. High Court Erred by Basing Answers on Pending Appeals Instead of Determining Issues of Capital Gains and Dividend on Facts....

The appeal arose from a reference under the Income-tax Act, 1922. The assessee, a shareholder of a company, had received distributions out of land acquisition compensation and salami realised by the c...

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Supreme Court Rejects Custom-Based Maintenance Claim in Impartible Estate for Lack of Opinio Necessitatis. Custom Not Proved as Payments Were Voluntary and Not Obligatory, Disallowing Claim for Arrears of Maintenance....

The case concerned a maintenance claim by junior members of the Kavalappara family against the Sthanee of the impartible Kavalappara estate, governed by Marumakkathayam law. The plaintiffs alleged a f...

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Supreme Court Dismisses Appeal in Limitation Dispute Under Indore Municipal Act: Special Plea of Limitation Must Be Pleaded. Dismissal Order Passed Without Jurisdiction Not Protected by Limitation Under Section 135 of Indore Municipal Act, 1909....

The dispute involved an employee of the Municipal Corporation who was dismissed from service. The employee filed a suit seeking a declaration that his dismissal was illegal because the order was not p...