Supreme Court

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Supreme Court Upholds Plaintiffs in Redemption and Adverse Possession Dispute Over Mortgaged Shops. Subsequent Sale with Notice of Prior Agreement Held Voidable, Not Void, and Mortgagee in Possession's Fiduciary Capacity Prevents Adverse Possession Under Section 91 of Indian Trusts Act, 1882 and Section 40 Paragraph 2 of Transfer of Property Act, 1882....

The dispute arose from a mortgage with possession executed by the karta of a Hindu joint family in 1907 over two shops in Jamnagar. After the karta's death, the coparceners entered into an agreement t...

Supreme Court

Supreme Court Upholds Management in Industrial Dispute Over Jurisdiction of Tribunal to Determine Existence of Strikes Under Section 10(1) of Industrial Disputes Act, 1947. Held that the Tribunal cannot go beyond the terms of reference which assumed the existence of strikes and lock-out, and must confine itself to deciding legality and justification....

The case involved industrial disputes between the management of Delhi Cloth Mills and Swatantra Bharat Mills (two units of Delhi Cloth & General Mills Co. Ltd.) and their workmen. Four issues were ref...

Supreme Court

Supreme Court Partially Allows Debtors' Appeal in Bank Loan Recovery Suit; Certified Copy of Bank Entry Insufficient to Prove Loan Under Section 34 Evidence Act. Court Holds That Certified Copies of Bankers' Books Under Section 4 of Bankers' Books Evidence Act, 1891 Are Admissible Only to Same Extent as Original Entries, and Original Entries Alone Cannot Charge Liability Under Section 34 of Indian Evidence Act, 1872; Personal Liability Under Mortgage Deed Barred by Limitation Under Article 116, Limitation Act, 1908 While Mortgage Sale Claim Within Time Under Article 138....

The litigation arose from a suit filed by the Gauhati Bank Limited against Chandradhar Goswami and others for recovery of Rs.40,000 based on a mortgage deed and an alleged further advance. The appella...

Supreme Court

Supreme Court Allows Assessee Firm in Income Tax Relief Case Under Section 25(3) of Income Tax Act, 1922. Foreign Business and Rental Income Derived from Business Held Charged Under 1918 Act, Entitling Successor Firm to Exemption on Discontinuance....

The appeal arose from a reference under the Income Tax Act, 1922 concerning the entitlement of an assessee firm to relief under Section 25(3) upon discontinuance of its business. The assessee firm, O....

Supreme Court

Supreme Court Allows Assessees in Income Tax Reassessment Dispute — Order Recording Partition Under Section 25A of the Income-tax Act, 1922 Bars Subsequent Reassessment of Hindu Undivided Family. The Court held that after an order under Section 25A(1) recording partition is passed, the family ceases to be assessable as a Hindu undivided family, and Section 34 of the Income-tax Act, 1922 cannot be used to circumvent that order....

The dispute arose from an income-tax reassessment attempted on a Hindu undivided family that had already been partitioned under a consent decree and an order under Section 25A of the Indian Income-tax...

Supreme Court

Supreme Court Dismisses Assessee's Appeal in Income Tax Rebate Case Due to Non-Satisfaction of Section 15(1) Conditions. Children’s Deferred Endowment Assurance Policy Premium Not Eligible for Rebate as Insurance Not on Assessee’s Own Life Under Income Tax Act, 1922....

The case arose from an income-tax assessment for the year 1960-61, where the assessee, a minor, claimed rebate under Section 15(1) of the Income-tax Act, 1922 for premium paid on a Children’s Deferr...

Supreme Court

Supreme Court Upholds Assessee Bank in Tax Dispute Over Appreciation of Blocked Foreign Exchange. Appreciation in Value of Pakistani Rupee Remittances Due to Devaluation Held Capital Receipt, Not Revenue Under Section 10 of Indian Income-tax Act, 1922....

The litigation concerned the tax treatment of appreciation in the value of foreign exchange held by a bank abroad, which arose upon devaluation of the Indian rupee. The respondent bank, Canara Bank Lt...

Supreme Court

Supreme Court Sets Aside Divorce Decree in Hindu Marriage Act Case Due to Procedural Error and Condonation. U.P. Amendment to Section 13(1)(viii) Requires Prior Judicial Separation Decree Before Divorce, and Husband's Cohabitation After Knowledge of Wife's Adultery Amounted to Condonation Under Section 23(1)(b) of Hindu Marriage Act, 1955....

The dispute arose from a matrimonial petition filed by the respondent husband under the Hindu Marriage Act, 1955, seeking dissolution of marriage by divorce and alternatively judicial separation from ...

Supreme Court

Supreme Court Upholds Landlord's Appeal in U.P. Rent Act Eviction Dispute Over Material Alterations. Tenant's Unauthorized Construction That Altered Form and Structure of Shops Constituted Material Alterations Under Section 3(1)(c) of U.P. (Temporary) Control of Rent and Eviction Act, 1947, Enabling Landlord to Sue Without District Magistrate's Permission....

The Supreme Court of India allowed a landlord's appeal against the Allahabad High Court's judgment which had dismissed an eviction suit under Section 3(1)(c) of the U.P. (Temporary) Control of Rent an...

Supreme Court

Supreme Court Upholds Appellant in Arbitration Award Filing Dispute Under Section 14(2) of Indian Arbitration Act, 1940. Certified Correct Copy Signed by Umpire Constitutes Signed Copy for Filing Under Section 14(2) of Indian Arbitration Act, 1940....

The dispute arose from a contract between Hindustan Construction Company Ltd. and the Union of India for the construction of certain highway bridges. Differences during execution led to arbitration be...

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Supreme Court

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Supreme Court Allows Assessee Firm in Income Tax Relief Case Under Section 25(3) of Income Tax Act, 1922. Foreign Business and Rental Income Derived from Business Held Charged Under 1918 Act, Entitling Successor Firm to Exemption on Discontinuance....

Supreme Court Dismisses Assessee's Appeal in Income Tax Rebate Case Due to Non-Satisfaction of Section 15(1) Conditions. Children’s Deferred Endowment Assurance Policy Premium Not Eligible for Rebate as Insurance Not on Assessee’s Own Life Under Income Tax Act, 1922....

Supreme Court Upholds Assessee Bank in Tax Dispute Over Appreciation of Blocked Foreign Exchange. Appreciation in Value of Pakistani Rupee Remittances Due to Devaluation Held Capital Receipt, Not Revenue Under Section 10 of Indian Income-tax Act, 1922....

Supreme Court Upholds Appellant in Arbitration Award Filing Dispute Under Section 14(2) of Indian Arbitration Act, 1940. Certified Correct Copy Signed by Umpire Constitutes Signed Copy for Filing Under Section 14(2) of Indian Arbitration Act, 1940....

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...