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Supreme Court Allows Appeal of Executive Engineer Challenging Premature Retirement Under Bombay Civil Service Rules. Court Holds Saurashtra Rules Permitted Extension Only, Not Early Retirement, and Applying Bombay Rule Without Presidential Assent Varied Conditions to Disadvantage in Violation of Section 115(7) of the States Reorganisation Act, 1956....

The case arose from an order of the Government of Gujarat prematurely retiring an Executive Engineer, about 53 years old, under the Bombay Civil Service Rules, 1959. The appellant had originally serve...

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Supreme Court Allows Appeals — Finding of Revenue Court on Jurisdiction of Civil Court Becomes Final Under Section 289(2) U.P. Tenancy Act, 1939 Absent Reference to High Court. Appeals from Restitution Orders Dismissed as No Possession Obtained in Execution of Decree....

The dispute arose from two suits filed under the U.P. Tenancy Act, 1939, by the appellant for declaration and possession of agricultural lands. The suits were decreed in 1948, and the appellant obtain...

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Supreme Court Allows Revenue's Appeal in Income Tax Case on Bonus Shares - Averaging Original Cost Over All Shares. When Bonus Shares Rank Pari Passu, the Correct Method to Compute Profit or Loss is to Spread the Cost of Original Shares Over Both Original and Bonus Shares....

This case involved the method of computing profit or loss on the sale of bonus shares in the hands of a dealer in shares. The respondent, Gold Mohore Investment Co. Ltd., was a dealer in shares. Durin...

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Supreme Court Upholds Pre-Constitution School's Right Under Article 30(1) Despite Foreign Origins, Emphasizing Residency Over Citizenship. The Court Holds That a School Founded by Christian Missionaries Residing in India and Local Residents Constitutes a Minority Institution, and State Interference in Its Management Violates Fundamental Rights....

The litigation arose from a challenge to the State of Bihar's interference with the management of the Church Missionary Society Higher Secondary School at Bhagalpur, a Christian minority institution. ...

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Supreme Court Allows Appeal in Working Journalists Act Case Excluding Perquisites from Gratuity Calculation. Ex-Employee's Gratuity Claim Not Barred; Car Allowance, Free Telephone and Newspapers Not Wages Under Section 2(rr) of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955....

The dispute arose out of a claim for gratuity and leave compensation filed by a former special correspondent of Bennett Coleman & Co. (P) Ltd. under the Working Journalists (Conditions of Service) and...

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Supreme Court Strikes Down Notification Cancelling Confirmation of Slaughter Bye-laws in Madhya Pradesh as Violative of Fundamental Right to Trade. Prohibition on Slaughter of Bulls and Bullocks in Jabalpur Municipality Held Unreasonable Restriction Not in Interest of General Public Under Article 19(1)(g) of Constitution of India, 1950....

The petitioner, a butcher by hereditary vocation, filed a writ petition under Article 32 of the Constitution directly before the Supreme Court, challenging the constitutionality of a notification date...

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Supreme Court Upholds Dismissal of Sub-Inspector in Police Act Case — Superintendent of Police Holds Same Authority as District Superintendent. Re-employed Deputy Superintendent of Police Qualifies as Superior Officer for Departmental Enquiry Under Punjab Police Rules, 1934....

Background: The case concerned the dismissal of a Sub-Inspector of Police from service by the Delhi Police Force in 1949. The respondent, originally appointed in Sind before Partition and later posted...

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Supreme Court Dismisses Sub-Divisional Officer’s Appeal in U.P. Panchayat Rai Act, 1947 Case — Implied Power to Suspend Elected Pradhan Pending Enquiry Rejected. Government Cannot Suspend a Gaon Sabha Pradhan Under Section 95(1)(g) as Such Power Is Not Absolutely Essential and No Provision Exists for Interim Arrangement....

The dispute arose when the Sub-Divisional Officer, Sadar, Faizabad, suspended the elected Pradhan of Gaon Sabha Asapur, District Faizabad, pending an enquiry into charges against him. The suspension o...