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Supreme Court Upholds Debtor in Agricultural Debt Relief Case; Orders Impleading Subsequent Purchasers Not Without Jurisdiction. Bombay Agricultural Debtors Relief Act, 1947 Sections 46 and 56 Govern Pending Proceedings and Allow Adding Necessary Parties Beyond Limitation Periods....

The dispute arose out of proceedings under the Bombay Agricultural Debtors Relief Act, 1939 and its successor, the Bombay Agricultural Debtors Relief Act, 1947. The father of the first respondent owne...

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Supreme Court Upholds Jagirdar Compensation Appeals; Revenue Tribunal Must Decide on Merits and Cannot Dismiss for Non-Prosecution. Restoration Limitation Runs from Date of Receipt of Dismissal Order, Not Date of Order Under Bombay Revenue Tribunal Regulations....

These four consolidated appeals by special leave arose from an order of the Gujarat High Court dated November 27, 1961, which summarily dismissed Special Civil Applications Nos. 704 to 707 of 1961 fil...

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Supreme Court Dismisses Appeal by Panchayat Regarding Vesting of Housing Colony Amenities Under Madras Village Panchayats Act. Section 58 of Madras Village Panchayats Act, 1950, Confined to Customary Communal Property; Amenities Provided by Co-operative Housing Society Not Vested in Panchayat....

The dispute arose between Thirunagar Panchayat and Madurai Co-operative House Construction Society concerning the vesting of certain amenities in a housing colony under the Madras Village Panchayats A...

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Supreme Court Dismisses Appeal Against Acquittal Under Section 95 IPC for Trivial Harm. Scratch Injury During Altercation Held Too Slight to Constitute Offence Under Section 323 IPC as Per Section 95, Indian Penal Code, 1860....

The case arose from an altercation between neighbours. The first respondent slapped the appellant's servant and threw a file of papers at the appellant's husband, which missed him but hit the appellan...

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Supreme Court Dismisses Appellants in Civil Procedure Code, 1908 Case Concerning Future Mesne Profits — High Court Decree Upheld. In a Suit for Recovery of Possession of Immovable Property and Mesne Profits, Order 20 Rule 12 CPC Empowers Court to Grant Future Mesne Profits Without Specific Prayer, and Unattested Will Fails to Prove Execution....

The litigation arose from a dispute over properties left by two deceased women, Neelayadakshi and Chinnayal, within a family. Sivasami Odayar died in 1927, bequeathing certain items to his wife Neelay...

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Supreme Court Dismisses Appellant in Kerala Land Reforms Act Case on Interpretation of Kuzhikanam and Kudiyiruppu. Transfer of Land Without Standing Fruit-Bearing Trees and Without Residential Building Does Not Confer Tenant Status Under Sections 2(28) and 2(26) of Kerala Land Reforms Act, 1963....

This civil appeal by special leave arose from a suit for redemption of property in Quilon, Kerala. The original plaintiff had executed an otti kuzhikanam deed in 1921 in favour of the original defenda...

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Supreme Court Upholds Mortgagor's Right to Redemption in Mortgage Suit; Extra Interest Under Stay Order Not Part of Preliminary Decree. Order XXXIV Rule 7(1)(c) of Code of Civil Procedure, 1908 Requires Adjudication of Subsequent Costs and Interest Before Being Recoverable Against Mortgagor....

The dispute concerned a suit for redemption of mortgaged property filed by the mortgagor, who is the appellant, against the mortgagee, the respondent. The trial court passed a preliminary decree on Fe...

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Supreme Court Upholds Tenant in Ejectment Suit Under Assam Act 12 of 1955 Despite Letting Out Permanent Structures. Interpretation of 'For Residential or Business Purposes' in Section 5(1)(a) Focuses on Structure's Character, Not Tenant's Personal Use....

The litigation arose out of an ejectment suit filed by the landlords against a tenant of land in Silchar, Assam. The original tenant, Biswambar Roy, held a lease for ten years from 1928 on a plot of l...

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Supreme Court Upholds Dismissal of Civil Suit for Recovery of Customs Duty Based on Predecessor State's Contractual Concession. Contractual Liability of Former Princely State Not Binding on Successor State Absent Recognition, and Rajasthan (Regulation of Customs Duties) Ordinance, 1949 Supersedes Prior Contract....

The dispute arose from a sale of plots in a Mandi established by the former princely State of Bharatpur. The appellant firm purchased two plots at a public auction and claimed a 25 per cent reduction ...

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Supreme Court Dismisses Shipowners' Appeal and Holds Shipowners Liable for Deceit in Issuing Clean Bill of Lading. Shipowners Knowingly Issued Clean Bills Despite Mate's Receipt Noting Reused Drums, Causing Payment Under Letters of Credit....

The dispute arose from two contracts for purchase of Monsanto Polystyrene Injection Moulding Powder by the respondent buyer from a New York seller. The first contract involved two indents dated Decemb...