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Supreme Court Hears Appeal on Applicability of Section 92 CPC to Wakf Deed Mixing Family and Charitable Purposes. Suit for Removal of Mutwalli Without Advocate-General's Sanction Raises Question on Scope of Section 92 of Code of Civil Procedure, 1908....

This appeal before the Supreme Court of India arose out of a suit filed by Sugra Bibi, the widow of a deceased joint Mutwalli, seeking the removal of Hazi Kummu Mia, the surviving Mutwalli, from a wak...

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Supreme Court Dismisses Appeals in Tax Fraud Prosecution, Holding Concurrent Charges Under Income Tax Act and IPC Valid. Section 52 of Income Tax Act 1922 and Section 177 IPC Can Be Applied Simultaneously Without Implied Repeal, as Former Is Merely Procedural and Cumulative....

The appellant, a cinema actor, filed income tax returns for the assessment years 1958-59 to 1961-62. The respondent, at the instance of the Inspecting Assistant Commissioner (and the Commissioner for ...

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Supreme Court Upholds Validating Act in Land Acquisition Case; Retrospective Removal of One Law Cures Discrimination. Acquisition Under Mysore Land Acquisition Act Valid Despite Existence of City of Bangalore Improvement Act as Legislature Competently Validated Past Proceedings....

The case arose from land acquisition proceedings in Bangalore initiated by the State of Mysore under the Mysore Land Acquisition Act, 1894 for a public purpose, namely a layout called Raja Mahal Vilas...

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Supreme Court Upholds Validity of Forward Contract Prohibition; Contracts Void Under Section 3 of Travancore-Cochin Public Safety Measures Act 5 of 1950. Pre-Constitution Bill Did Not Require President’s Sanction Under Article 304(b) as No Amendment Covered by Article Was Moved....

The dispute arose from forward contracts for the purchase of coconut oil entered into in 1952 in the former Cochin State. The respondent, a commission agent under the Pakka Adatia system, bought oil o...

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Supreme Court Upholds Immunity of Provident Fund Amounts from Attachment Under Section 3(1) of Provident Funds Act, 1925. Attachment of Money Held by Reserve Bank for Transmission Abroad Declared Contrary to Law as Railway Administration was Trustee....

The dispute arose from execution proceedings against a retired railway employee, B, who had subscribed to the State Railway Provident Fund and opted for payment in sterling under the Provident Fund St...

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Supreme Court Upholds Puisne Mortgagee's Right to Sue Separately When First Mortgagee Paid Off Before Sale. Court Reduces Interest from Contractual 12% to 6% Simple Under Order 34 Rule 11 CPC, Emphasizing Discretion to Grant Reasonable Rate....

The dispute concerned a mortgagor's liability to a puisne mortgagee after the prior mortgage was satisfied without sale. The mortgagor had executed three mortgages on his one-third share in premises N...

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Supreme Court Allows Appeal of Highest Bidder in Excise Case; Holds Cancellation of Sale Invalid and Directs Grant of Licences. Interpretation of Rule 19 of Mysore Excise Rules: Requirements of Statement and Security Inapplicable When Shops in Multiple Tehsils, and 'At Once' Means Reasonable Time....

In an appeal before the Supreme Court of India, the appellant, who was the highest bidder for the exclusive privilege of retail vend of toddy and arrack in a group of 1168 shops located in 19 tehsils ...

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Supreme Court Upholds Validity of Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 as Protected by Article 31A. The Act's Acquisition of Inam Estates Without Provision for Just Equivalent Compensation Did Not Violate Article 31(2) Because It Effected Agrarian Reform Extinguishing Intermediary Rights....

The case involved a constitutional challenge by the petitioners, inamdars of two villages in Mysore, against the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 (Mysore Act 1 of 1955). T...

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Supreme Court Upholds High Court's Ruling, Declares Compromise Decree for Eviction Nullity Under Rent Control Law. Eviction Decree Based on Compromise Violates Section 13(1) of Delhi and Ajmer Rent Control Act, 1952, as Court Did Not Record Satisfaction of Statutory Grounds....

This appeal by certificate arose from a suit for eviction filed by the predecessor-in-interest of the appellants against the respondent tenant under the Delhi and Ajmer Rent Control Act, 1952. The sui...