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Supreme Court Dismisses Tenant’s Appeal in West Bengal Rent Control Case, Holds Acceptance of Rent After Default Does Not Create New Tenancy. Court Rules That Earlier Defaults Can Be Relied Upon Under West Bengal Premises Rent Control Act, 1950, and Section 24 of West Bengal Premises Tenancy Act, 1956 Is Prospective Only....

The dispute concerned a residential tenancy of house No. 120B, Manoharpukur Road, District 24 Parganas, Calcutta-29, between the appellant (original tenant) and the respondent (original landlord). The...

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Supreme Court Allows Appeal and Restores Trial Court Decree in Timber Supply Payment Dispute. Misdescription of Proprietorship Firm Name Does Not Invalidate Suit; Amendment Relates Back to Original Filing and Overcomes Limitation Bar....

The dispute arose from a civil suit for recovery of the price of timber supplied. Manohar Lal, son of Jai Jai Ram, carried on business as a commission agent under the name 'Jai Jai Ram Manohar Lal', w...

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Supreme Court Upholds Charitable Bequest and Acceleration of Remainder in Will Interpretation. The Court held that a bequest for two purposes without allocation results in equal moieties, and that the remainder is accelerated when the life legatee predeceases the testator under Section 105 of the Indian Succession Act, 1925....

The dispute concerned the interpretation of a will executed by one Appanna on 14 July 1948. Appanna died on 12 March 1953 without a wife or lineal descendant, leaving properties described in Schedules...

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Supreme Court Dismisses Landlord's Eviction Suit Under Delhi Rent Control Act, 1958. Acquisition of Alternative Residence by Tenant Not Ground for Eviction When Premises Let for Composite Purpose of Residence and Profession Under Section 14(1)(h)....

The dispute originated from a tenancy entered into by an advocate, the predecessor-in-interest of the respondents, who took on rent certain premises for his residence. With the written consent of the ...

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Supreme Court Upholds Revenue in Income-tax Depreciation Dispute — Additional Depreciation Not Admissible When Assessee Accepted Special Formula Instead of Rule 33 Method. The Court Held That Allowance Under Section 10(2)(vi-a) of Income-tax Act, 1922 Requires Computation of World Profits Under the Second Method in Rule 33, Which Was Not Applied....

The assessee, a non-resident shipping company with a local office in Calcutta, submitted returns for assessment years 1952-53 to 1956-57 disclosing taxable income computed on the basis of annual turno...

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Supreme Court Allows Appeal in Res Judicata Case: Decree Against Manager Binds Coparceners Without Express Allegation of Representational Capacity. In a Suit for Partition Claiming Gift to Joint Family, Earlier Decree for Possession Against Father Operated as Res Judicata Under Section 11 CPC as Father Was Sued as Karta Though Not Explicitly Stated....

This appeal by special leave arises from a partition suit filed by the respondent, one of the sons of Banwari Lal Verma, claiming that certain properties had been gifted to the joint family in 1928. T...

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Supreme Court Upholds State of Uttar Pradesh in Citizenship Dispute, Holding Section 9 of Indian Citizenship Act Applies Retrospectively and Central Government Has Exclusive Jurisdiction. The Court ruled that the determination of whether a person voluntarily acquired foreign citizenship between 1950 and 1955 is exclusively for the Central Government under Section 9(2) and Rule 30, not for civil courts....

The litigation arose from a suit filed by respondent No. 1, Shah Mohammad, who was born in undivided India on July 3, 1934. He went to Pakistan in October 1950, later obtained a visa from the Indian H...

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  • 106
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Supreme Court Remands Original Side Suit to High Court for Fresh Adjudication Due to Lack of Reasoned Judgment. Lack of Reasons by Trial and Appellate Courts Violated Principles of Judicial Procedure Under Order XLIX Rule 3(5) of the Civil Procedure Code, 1908, and Necessitated Setting Aside of Decrees....

The dispute arose after the death of the appellant's husband, an attorney-at-law. The first respondent filed a suit on the original side of the Calcutta High Court against the appellant and her minor ...

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Supreme Court Dismisses Revenue's Appeal in Income Tax Penalty Case Due to Failure to Argue Correct Legal Provision Before Tribunal. Penalty Under Section 28(1)(c) on Reconstituted Firm Held Invalid as Revenue Relied Solely on Section 44 Which Applies Only to Discontinuance of Business, and the Question of Applicability of Section 26 Was Not Raised Before the Tribunal....

The appeal before the Supreme Court arose from a reference under section 66 of the Indian Income-tax Act, 1922. The respondent firm, M/s. Kirkend Coal Company, was assessed for the year 1948-49 with a...

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Supreme Court Partly Allows Tenant's Appeal in Rajasthan Rent Act Case on Sub-letting: Mere Rent Increase Does Not Create New Tenancy and Permission Must Be Pleaded. Section 13(1)(e) Covers Sub-letting Before Act Commencement, Eviction Ordered Only from Two Shops Sub-let Without Permission....

This appeal to the Supreme Court arose out of a suit for eviction under the Rajasthan Premises (Control of Rent & Eviction) Act, 1950, filed by the landlord deity and its manager against the tenant Ga...

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