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Supreme Court Upholds Right of Pre-emption in Partition Deed Covenant Binding on Successors-in-Interest. Covenant Not Expressly Binding Assignees Held Enforceable Against Subsequent Purchasers with Notice, and Rule Against Perpetuities Held Inapplicable to Personal Pre-emption Agreements....

The dispute arose out of a partition suit between two brothers, T and K, which was referred to arbitration. The arbitration award divided the joint properties into four blocks (A, B, C, D), assigning ...

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Supreme Court Allows State Appeal and Sets Aside Acquittal in Criminal Breach of Trust Case Due to Erroneous Rejection of Evidence and Requirement of Handwriting Expert. Conviction Under Section 408 Indian Penal Code Restored as Complainant's Testimony Sufficient and Documents Including Extra-Judicial Confession Admissible....

This criminal appeal by special leave arose from the judgment of the Gujarat High Court acquitting the respondent of the offence under Section 408 of the Indian Penal Code, 1860. The State of Gujarat ...

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Supreme Court Upholds Surety's Discharge Under Section 141 of Indian Contract Act When Creditor Parts with Security. Surety Discharged as State Lost Security by Allowing Removal of Forest Produce Without Full Payment, Extinguishing Subrogation Rights....

The dispute arose from a forest contract auction conducted by the Divisional Forest Officer, Hoshangabad Division, for the sale of felled trees. One J was declared the highest bidder, and the bid amou...

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Supreme Court Dismisses Specific Performance Suit in Land Sale Agreement Due to Lack of Continuous Readiness and Willingness. Time Was Not of Essence Under Section 55 of Indian Contract Act, 1872, but Purchaser's Failure to Show Readiness Barred Equitable Relief....

The dispute concerned an agreement for sale of land in Periyakulam village, District Ramnathapuram. Appellants 1 and 2, a father and son, owned survey number 1155/2-3. In March 1959, the first appella...

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Supreme Court Upholds Conviction in Murder by Poisoning Case Where Approver Evidence Met Reliability and Corroboration Tests. Conviction Under Sections 302, 109, 115 IPC Affirmed as Approver's Testimony Was Reliable and Sufficiently Corroborated by Poison Register and Witnesses Despite Rejection of Uncorroborated Pistol Episode....

This criminal appeal by special leave arose from the conviction of the appellant for murder by poisoning under Section 302 read with Sections 109 and 115 of the Indian Penal Code. The appellant was al...

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Supreme Court Upholds Contractor's Conviction Under Section 420 IPC for Cheating Government of Burma; False Bills and Bogus Claims. Conviction Stands as Representations in Bills Caused Government to Part with Money; Special Tribunal Constitution and Multiple Trials Held Valid....

Background: The case concerned appeals against convictions and acquittals for cheating under Section 420 of the Indian Penal Code involving a contractor who submitted false bills to the Government of ...

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Supreme Court Upholds Money Recovery Suit Under Bihar Money Lenders Act Despite Renewal of Pre-Registration Loan. Post-Dated Cheque Payment for Limitation Treated as Made on Cheque Date, Not Delivery Date, Under Section 20 of Indian Limitation Act, 1908....

The dispute arose from a money recovery suit filed by the respondent (a registered money-lender) against the appellant on the basis of a promissory note for Rs. 10,000 executed on February 4, 1954. Th...

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Supreme Court Quashes Assistant Charity Commissioner's Jurisdiction in Public Trust Inquiry. Prior Negative Finding by Registrar Under Madhya Pradesh Public Trusts Act, 1951 Constituted a Saved Right and Pending Proceeding Under Section 86(3) of Bombay Public Trusts Act, 1950, Barring Fresh Inquiry Under Section 19....

The dispute concerned a trust known as Mehdibaug, founded in 1891 in Nagpur, in the Vidharbha area, whose properties were in possession of and managed by the appellant. In October 1953, one Jaferbhai,...

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Supreme Court Dismisses Son's Suit to Stay Execution of Mortgage Decree Against Father on Joint Family Property. Son Cannot Restrain Sale Unless Mortgage Is Shown Not Binding on Him Before Sale Occurs....

The case involved a joint Hindu family consisting of a father (the manager) and his son, the appellant. The father borrowed money from the first respondent and mortgaged immovable property belonging t...