Supreme Court

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Supreme Court Considers Obligation of State Government to Consider Detenu's Representation Before Advisory Board in Preventive Detention Cases. Question of Whether Article 22(5) Mandates Separate Consideration by Government Before Referral to Advisory Board Under Preventive Detention Act, 1950....

The case involved writ petitions under Article 32 of the Constitution filed by Abdul Karim and Others against the State of West Bengal challenging the legality of their preventive detention. The petit...

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Supreme Court Upholds State Monopoly in Cattle Fairs but Strikes Down Section 15 as Violative of Article 19(1)(f). Court rules that prohibition on holding cattle fairs is a reasonable restriction on freedom of assembly and trade, but the state cannot compel local authorities to pay money or surrender property without authority of law....

In the State of Punjab, local authorities and private individuals had long conducted cattle fairs. The State Legislature, exercising power under Entry 28 of List II of the Seventh Schedule, passed the...

Supreme Court

Supreme Court Allows Assessee in Income Tax Case — Receipt for Construction of Cinema House Not Advance Rent. Lease Lacked Stipulation for Adjustment of Payment Toward Rent; Premium Prima Facie Capital Not Taxable Under Income Tax Act....

The case involves an assessee who, on July 19, 1945, took a lease of certain premises in Calcutta on monthly rent. He made alterations to convert the premises into a cinema house but found himself sho...

Supreme Court

Supreme Court Dismisses Licensee’s Appeal Against Direct Electricity Supply by Board. Board’s Action Upheld as Comparison of Maximum Demand Under Section 19(1)(b)(ii) of Electricity (Supply) Act, 1948 Required Assessment of Actual Supply, Not Generating Capacity....

The appellant, Sihor Electricity Works Ltd., held a licence under the Indian Electricity Act, 1910 for generation and distribution of electrical energy within a specified area. The first respondent, G...

Supreme Court

Supreme Court Upholds Election of Successful Candidate in Office of Profit Disqualification Case Under Article 191(1)(a). Employee of Government Company Not Disqualified Because He Does Not Hold Office Directly Under State Government....

This appeal before the Supreme Court arose from an election petition filed by the appellant, an unsuccessful candidate for the Mysore Legislative Assembly from Bhadravati constituency, challenging the...

Supreme Court

Supreme Court Dismisses Appeal by Successful Candidate in Election Petition Alleging Corrupt Practices Under Representation of the People Act, 1951. Religious and Caste-Based Appeals Including Statement that Voting Congress Would Displease God Held to Be Corrupt Practices Under Sections 123(2) and 123(3)....

The appeal arose from the Gujarat High Court's decision setting aside the election of Kanti Prasad Jayshankar Yagnik to the Gujarat State Assembly from Mehsana constituency under the Representation of...

Supreme Court

Supreme Court Dismisses Election Petitioner's Appeal in Representation of the People Act Case — High Court's Rejection of Petition on Merits and Preliminary Objections Upheld. Presentation by Advocate's Clerk in Petitioner's Immediate Presence Constitutes Valid Presentation, and Dissolution of U.P. Legislative Assembly During Pendency Did Not Cause Abatement as Act Exhaustively Provides for Withdrawal and Abatement in Chapter IV, Part VI....

The dispute arose out of the election to the U.P. Legislative Assembly from Iglas Constituency held in February 1967, in which the appellant, Sheodhan Singh, was defeated by the respondent, Mohan Lal ...

Supreme Court

Supreme Court Allows State's Appeal and Dismisses Suit for Declaration of Illegal Removal, Holding that Past Record Consideration for Lesser Penalty Does Not Require Fresh Show Cause Notice. Omission to Mention Past Record in Show Cause Notice Not Fatal When Record is Used to Mitigate Punishment, Not Aggravate It, and When Notice of Record Was Otherwise Given....

The respondent, Harish Chandra Singh, was a Sub-Inspector of Police in Uttar Pradesh who was removed from service following disciplinary proceedings under Section 7 of the Police Act, 1861. He filed a...

Supreme Court

Supreme Court Quashes Orissa Government Scheme for Sale of Kendu Leaves, Holding it Discriminatory and Violative of Fundamental Rights. Exclusive Right to Make Offers Given to Past Contractors Under Section 10 of Orissa Kendu Leaves (Control of Trade) Act, 1961, Found to Infringe Articles 14 and 19(1)(g) and Not Protected by Article 19(6)(ii)....

The dispute concerned the Government of Orissa’s scheme for the sale and disposal of Kendu leaves, a commodity in which the State had assumed a monopoly under the Orissa Kendu Leaves (Control of Tra...

Supreme Court

Supreme Court Upheld Municipal Board's Imposition of Water Tax in U.P. Municipalities Act Case — Procedural Defects Cured by s.135(3). Defects in Publication of Tax Proposal Not Fatal if Object of Informing Inhabitants Is Achieved and No Substantial Prejudice Caused, Under Sections 131(3) and 135(3) of the U.P. Municipalities Act, 1916....

The Municipal Board, Sitapur, initiated proceedings to levy water tax under section 126(1)(x) of the U.P. Municipalities Act, 1916. A special resolution to impose the tax from October 1, 1957, was pas...

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Supreme Court

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Supreme Court Considers Obligation of State Government to Consider Detenu's Representation Before Advisory Board in Preventive Detention Cases. Question of Whether Article 22(5) Mandates Separate Consideration by Government Before Referral to Advisory Board Under Preventive Detention Act, 1950....

Supreme Court Allows Assessee in Income Tax Case — Receipt for Construction of Cinema House Not Advance Rent. Lease Lacked Stipulation for Adjustment of Payment Toward Rent; Premium Prima Facie Capital Not Taxable Under Income Tax Act....

Supreme Court Dismisses Licensee’s Appeal Against Direct Electricity Supply by Board. Board’s Action Upheld as Comparison of Maximum Demand Under Section 19(1)(b)(ii) of Electricity (Supply) Act, 1948 Required Assessment of Actual Supply, Not Generating Capacity....

Supreme Court Upholds Election of Successful Candidate in Office of Profit Disqualification Case Under Article 191(1)(a). Employee of Government Company Not Disqualified Because He Does Not Hold Office Directly Under State Government....

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...