Supreme Court

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Supreme Court Upholds Daughters' Claim to Partitioned Share Inherited from Widow under Hindu Women's Rights to Property Act, 1937. Statutory Substitution under Section 3(2) of Hindu Women's Rights to Property Act, 1937 and Demand for Partition Extinguish Coparceners' Survivorship Rights, and the Defined Interest Devolves on Husband's Heirs....

The dispute arose from a suit for partition filed by Chando Kuer, widow of Babuji, on April 23, 1949, in the Court of the Subordinate Judge, Darbhanga, against the collaterals of her husband. She soug...

Supreme Court

Supreme Court Upholds Plaintiff's Successor in Partition Suit by Admitting Prior Plaint Admission Under Section 17 of Indian Evidence Act, 1872. High Court's Rejection of Admission as Belonging Solely to Earlier Suit Was Reversed, and Widow's Right to Partition Under Hindu Women's Rights to Property Act, 1937 Was Restored....

The dispute arose from a partition suit filed by Mst. Bhagwano Kunwar, widow of Ramyad Singh, who claimed an eight annas share in joint family properties governed by Mitakshara Hindu law. Ramyad Singh...

Supreme Court

Supreme Court Dismisses State Appeal in Opium Confiscation Case; Upholds High Court Order Releasing Truck to Finance Company. Word 'Shall' in Section 11(d) of Opium (Madhya Bharat Amendment) Act, 1955 Held Not Mandatory; Confiscation Discretionary to Avoid Penalizing Innocent Owner Without Knowledge....

The case arose from the seizure of a truck on May 3, 1961 at Guna bus-stand, where excise authorities found about three seers of contraband opium. Five persons were challaned under Sections 9A and 9B ...

Supreme Court

Supreme Court Upholds High Court's Cancellation of Bail in Criminal Appeal Under Section 561A CrPC. Inherent Power Invoked to Prevent Abuse of Process When Convicted Appellants Misused Liberty Pending Appeal Despite Absence of Express Provision in Section 426 CrPC....

This was a criminal appeal by special leave before the Supreme Court against an order of the Mysore High Court cancelling bail granted to two convicted appellants pending their appeal. The appellants,...

Supreme Court

Supreme Court Dismisses Detenu's Appeal Against Order of Detention Under Defence of India Rules, 1962 - Mala Fide Plea Not Substantiated; High Court's Refusal to Call for File or Require Chief Minister's Affidavit Upheld. Detention Order Based on Subjective Satisfaction Under Rule 30 of the Defence of India Rules, 1962 Was Not Vitiated by Mala Fides or Procedural Error....

The appellant, Jaichand Lall Sethia, was detained under Rule 30 of the Defence of India Rules, 1962, by an order passed by the State of West Bengal. He challenged the validity of the detention by fili...

Supreme Court

Supreme Court Allows Assessee in Income Tax Sub-Partnership Case, Holding Income Diverted to Sub-Partnership Firm. Agreement Sharing Profits and Losses of Partner's Share in Registered Firm Constitutes Sub-Partnership, and Real Income Belongs to Sub-Partnership Under Section 23(5)(a) of Indian Income-tax Act, 1922....

This civil appeal arose from income tax references concerning the correct assessment of income derived from a partner's share in a registered firm. The appellant partnership firm, Fatehchand Murlidhar...

Supreme Court

Supreme Court Upholds State Government in Commission of Inquiry Act Case Concerning Inquiry into Former Minister's Wealth. Constitutional Bar Under Section 37 of Jammu and Kashmir Constitution Does Not Prevent Executive-Appointed Commission of Inquiry into Ex-Minister's Conduct....

The litigation arose from a notification issued by the Government of Jammu and Kashmir appointing a Commission of Inquiry to investigate the assets and alleged abuse of official position by a former P...

Supreme Court

Supreme Court Upholds Assessee in Wealth Tax Act Case Regarding Trust Assets Held for Minor Children. Inclusion of Trust Shares in Net Wealth Denied as Settlement Was Not for Immediate Benefit of Minors Under Section 4(1)(a)(iii) of Wealth Tax Act, 1957....

The appeals before the Supreme Court arose from a reference under Section 27(1) of the Wealth Tax Act, 1957 made by the Income Tax Appellate Tribunal to the Mysore High Court. The assessee, a former r...

Supreme Court

Supreme Court Upholds Commissioner's Order That Emar Math Is a Public Religious Endowment Under Orissa Hindu Religious Endowments Act, 1939. Institution Satisfying Three Conditions of Math Under Section 6(7) Is Deemed a Hindu Public Religious Endowment, and Appellant Failed to Discharge Burden to Prove Properties Were Private....

The dispute centered on whether Emar Math in Puri, Orissa, was a 'math' under the Orissa Hindu Religious Endowments Act, 1939, and whether the properties in its possession were public religious endowm...

Supreme Court

Supreme Court Upholds Prosecution for Perjury Under Section 476 CrPC When False Evidence Surfaced After Trial; Section 479-A Bar Inapplicable. The Court Held That the Bar Under Section 479-A(6) Only Applies Where Section 479-A(1) Could Have Been Invoked at the Time of Judgment, and Not When New Material Establishing Falsehood Emerges After Conclusion of the Trial....

The appeal arose from a criminal revision in the Madras High Court concerning the maintainability of a perjury complaint under Section 476 of the Code of Criminal Procedure, 1898. The second petitione...

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Supreme Court

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Supreme Court Upholds High Court's Cancellation of Bail in Criminal Appeal Under Section 561A CrPC. Inherent Power Invoked to Prevent Abuse of Process When Convicted Appellants Misused Liberty Pending Appeal Despite Absence of Express Provision in Section 426 CrPC....

Supreme Court Upholds State Government in Commission of Inquiry Act Case Concerning Inquiry into Former Minister's Wealth. Constitutional Bar Under Section 37 of Jammu and Kashmir Constitution Does Not Prevent Executive-Appointed Commission of Inquiry into Ex-Minister's Conduct....

Supreme Court Upholds Assessee in Wealth Tax Act Case Regarding Trust Assets Held for Minor Children. Inclusion of Trust Shares in Net Wealth Denied as Settlement Was Not for Immediate Benefit of Minors Under Section 4(1)(a)(iii) of Wealth Tax Act, 1957....

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...