Supreme Court

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Supreme Court Strikes Down Residential Requirement Rules for Telengana as Ultra Vires Article 16(3). Requirement of Residence for Public Employment Must Be Within Whole State, Not a Part Thereof, Invalidating Section 3 of the Public Employment (Requirement as to Residence) Act, 1957 and Rule 3 of Andhra Pradesh Rules....

The dispute arose from appointments to certain posts in the Telengana area of Andhra Pradesh, which were reserved for domiciles of that region under rules made pursuant to the Public Employment (Requi...

Supreme Court

Supreme Court Allows Union of India’s Application to Record Satisfaction of Decree Under Order 21 Rule 2 CPC in Customs Duty Refund Case — Payment Under Section 46(5A) Income Tax Act Treated as Garnishee Payment and Not Defeated by Technical Objections. Collector of Customs’ Payment on Behalf of Union of India Held to Constitute Payment by Judgment Debtor, and Super-tax is a Species of Income Tax for Notice Purposes....

The dispute arose after the respondent firm, Soorajmull Nagarmull, obtained decrees against the Union of India for refund of excess customs duty levied on spindle oil imports. The trial court had dire...

Supreme Court

Supreme Court Dismisses Appeal Against Conviction Under Foreigners Act, Rejecting Claim of Continued Occupation Under Geneva Conventions. Portuguese National in Goa Convicted for Disobeying Deportation Order; Court Holds That Annexation of Goa Ended Occupation, Thus Denying Protection Under Articles 47 and 49 of the Fourth Geneva Convention....

The case arose after the annexation of Goa by India in December 1961, which prompted residents to choose either Indian or Portuguese nationality. The appellant, Rev. Father Monteiro, a resident and pr...

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Supreme Court Upholds Mathadhipathi's Suspension Pending Enquiry Under A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1966. Constitutional challenge to sections 46 and 47 rejected; provisions held not to violate fundamental rights under Articles 14, 19(1)(f), 25(1), and 26(b) and (d)....

The case arose from a writ petition under Article 32 of the Constitution filed by the Mathadhipathi of Sri Swami Hathiramji Math, Tirupathi-Thirumalla, challenging the validity of sections 46 and 47 o...

Supreme Court

Supreme Court Upholds Small Causes Court’s Power to Issue Distress Warrant in Rent Disputes. Rule 5 Under Bombay Rent Act Held Valid and Distress Warrant for Municipal Taxes Recoverable as Rent under Section 53 of Presidency Small Cause Courts Act, 1882....

The respondent was the owner of a house in Ahmedabad, and the appellants were tenants under a lease agreement requiring payment of Rs. 2,171 per month as rent, of which Rs. 810 was to be paid in cash ...

Supreme Court

Supreme Court Holds Deposit Under Debtor-Creditor Law Not Valid Rent Tender, Allowing Landlord's Eviction Petition. Deposit Under East Punjab Relief of Indebtedness Act, 1934 Section 31 Does Not Constitute Tender Under East Punjab Urban Rent Restriction Act, 1949 Section 13(2)(i)....

The appellant landlord, Shri Vidya Prachar Trust, filed an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, against the respondent tenant, Pandit Basant Ram, on ...

Supreme Court

Supreme Court Upholds Trial Court Dismissal in Property Succession Suit — Testator's Last Will Implicitly Disposed of Entire Estate, Triggering Doctrine of Election Under Section 180 of Indian Succession Act. High Court Erred in Not Finding Election; Legatee Who Took Benefit Under Will Could Not Also Claim Property Previously Settled on Him....

The litigation concerned a property dispute within a family, stemming from a settlement deed executed in 1935 by one Uthupu Mani, who settled properties on his wife Mariamma and two sons, Joshua (the ...

Supreme Court

Supreme Court Allows Appeal Against High Court Order Holding that Order Under Section 168 of U.P. Tenancy Act, 1939 is an Order Relating to Execution and Hence Appeal Lies to District Judge. The Court, Applying the Scheme of Section 168 Alongside Section 170, Concluded that an Application Under Section 168 is a Step in the Execution, Discharge or Satisfaction of a Decree for Rent, Even Though Made to the Court Which Passed the Decree, as Section 38 of the Civil Procedure Code, 1908 Permits Execution by the Same Court....

This appeal by special leave arose from a dispute concerning the execution of a rent decree under the U.P. Tenancy Act, 1939. The appellant, Balak Singh, was a tenant of the respondent Waqf. The respo...

Supreme Court

Supreme Court Dismisses Employer in Industrial Disputes Act Case — Labour Court's Jurisdiction Under Section 33C(2) Not Ousted by Minimum Wages Act, and Article 137 of Limitation Act Does Not Apply to Quasi-Judicial Tribunals. The Court Held That No Dispute Existed on Wage Rates, Rendering Section 20(1) of Minimum Wages Act Inapplicable, and Article 137 Governs Only Applications to Courts, Not Labour Courts....

The appeals arose from four writ petitions filed by the Town Municipal Council, Athani, before the High Court of Mysore, challenging orders of the Labour Court, Hubli, that had allowed applications by...

Supreme Court

Supreme Court Dismisses Employer's Appeal Against Labour Court's Correction of Award Under Section 6(6) of U.P. Industrial Disputes Act, 1947. Correction of Accidental Omission to Specify Date of Effect of Fitment Held Valid Even After Award Became Final....

The Central Wage Board for the sugar industry recommended revised wage scales, categories, and fitment of workmen effective from November 1, 1960. The State Government accepted these recommendations. ...

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Supreme Court

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Supreme Court Upholds Small Causes Court’s Power to Issue Distress Warrant in Rent Disputes. Rule 5 Under Bombay Rent Act Held Valid and Distress Warrant for Municipal Taxes Recoverable as Rent under Section 53 of Presidency Small Cause Courts Act, 1882....

Supreme Court Holds Deposit Under Debtor-Creditor Law Not Valid Rent Tender, Allowing Landlord's Eviction Petition. Deposit Under East Punjab Relief of Indebtedness Act, 1934 Section 31 Does Not Constitute Tender Under East Punjab Urban Rent Restriction Act, 1949 Section 13(2)(i)....

Supreme Court Dismisses Employer's Appeal Against Labour Court's Correction of Award Under Section 6(6) of U.P. Industrial Disputes Act, 1947. Correction of Accidental Omission to Specify Date of Effect of Fitment Held Valid Even After Award Became Final....

Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

Bombay High Court Dismisses MBBS Student's Writ Petition Seeking Fourth Attempt in Anatomy...

High Court of Bombay Hears Writ Petitions Challenging Tenancy Orders Under Bombay Tenancy ...

Supreme Court Allows Assessee in GST Limitation Case by Setting Aside Show Cause Notice fo...

Supreme Court Allows Criminal Appeal Against Acquittal in Dowry Harassment Death Case, Res...

Supreme Court Restores Criminal Appeal Against Acquittal After High Court Dismissed It as ...

Supreme Court Upholds Election Petitioner in Representation of People Act, 1951 Matter on ...

Supreme Court Quashes Domestic Violence Proceedings Against Husband Based on Prior Settlem...