Supreme Court

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High Court of Bombay Hears Writ Petitions Challenging Tenancy Orders Under Bomba...

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Supreme Court Dismisses Company's Appeal and Affirms Receiver's Authority to File Winding-Up Petition. Receiver Holding Power Under Order XL Rule 1(d) CPC Qualifies as Creditor Under Section 439(1)(b) of Companies Act, 1956, and Company's Non-Payment to Additional Collector Constituted Neglect to Pay Debt Under Section 434....

The dispute arose from a debt owed by a sugar mill company to a joint Hindu family for the sale of a sugarcane farm. The company, incorporated in 1933, had purchased the farm in 1956 for Rs.40,00,000,...

Supreme Court

Supreme Court Quashes Recovery of Deficiency in Forest Contract Auction for Non-Compliance with Article 299(1) of Constitution. Government Cannot Invoke Implied Contract to Recover Amount as Arrears of Land Revenue under Section 155(b) of Madhya Pradesh Land Revenue Code, 1959....

The litigation arose from a forest contract auction conducted by the Divisional Forest Officer, Jabalpur Division in July 1959. The appellant, K. P. Chowdhary, submitted the highest bids for two fores...

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Supreme Court Upholds Dismissal of Tenant's Claim to Protection in Execution Proceedings Under Assam Non-Agricultural Urban Areas Tenancy Act, 1955. Court held that protection under Section 5(1)(a) of the Act is not available where a decree for ejectment has already been obtained, as the non-obstante clause did not include decrees and the provision contemplated suits, not execution proceedings....

The dispute arose over the applicability of tenant protection under Section 5 of the Assam Non-Agricultural Urban Areas Tenancy Act, 1955 to pending execution proceedings. The appellants were the wido...

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Supreme Court Upholds State Appeal in Import Control Prosecution and Restores Conviction of Company Director for Unauthorised Sale of Imported Machinery. Breach of Licence Condition, Including Transfer of Imported Goods Without Permission, Held to Constitute Offence Under Section 5 of Imports and Exports (Control) Act, 1947 Read with Clause 5 of Imports (Control) Order 1955....

The Supreme Court of India heard a criminal appeal by the State of West Bengal against the judgment of the Calcutta High Court which had acquitted the respondent, Motilal Kanoria, of an offence under ...

Supreme Court

Supreme Court Allows State's Appeal; Bribery by Police Officer Not Under Colour of Duty, Limitation Under Bombay Police Act Section 161(1) Inapplicable. Conviction of Police Head Constable for Accepting Bribe Restored as Act Not Connected with Official Duty....

Background: The case arose from a criminal appeal by the State of Maharashtra against the acquittal of a police head constable by the Bombay High Court. The respondent, Narharrao, was attached to Murt...

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Supreme Court Upholds Pre-emption Decree in Favor of Collateral Co-sharers Under PEPSU Holdings (Consolidation and Prevention of Fragmentation) Act, 2007 BK - Section 24 Allows Pre-emptor to Follow Land Allotted in Consolidation. Pre-emption Right Attaches to Land Itself and Survives Substitution; Land Allotted to Vendees in Lieu of Sold Land Remains Subject to Pre-emption if Right Exists at Date of Sale, Suit, and Decree....

The dispute arose from a pre-emption suit filed by the respondents, who claimed as collaterals and co-sharers of the original vendors. The appellants had purchased agricultural land and some baras in ...

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Supreme Court Upholds Landlord in Mysore Rent Control Eviction – Tenant's Statutory Immunity Not 'Entitled to Possession'. Landlord's right to evict tenant for own business use under Section 8(3)(a)(ii) of Mysore House Rent and Accommodation Control Act, 1951 upheld; 'entitled to possession' does not include tenant's statutory immunity from eviction under the Act....

The dispute arose under the Mysore House Rent and Accommodation Control Act, 1951, between a landlord and tenant of a non-residential premises in Bangalore. The tenant, M. Padmanabha Setty, occupied p...

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Supreme Court Allows Appellant in U.P. Zamindari Abolition Case Concerning Brick Kiln; Holds Brick Kiln Not a Building Under Section 9. High Court Erred in Treating Mere Pit with Bricks as Building; Land Vested in State and Rent Claim for Post-Vesting Period Failed....

This case involved a dispute over arrears of rent for a brick kiln leased under a registered deed. The respondents were owners of a brick kiln situated on plots nos. 596 and 597 in Mauza Sarwat, Parga...

Supreme Court

Supreme Court Upholds State in Probation Termination Case Under U.P. Tehsildars Rules. Termination of probation under Rule 14 did not constitute punishment under Article 311 and no automatic confirmation occurred upon expiry of two-year probation period without express order....

The dispute concerned the termination of probation of a Naib Tahsildar who had been promoted to Tahsildar on probation under the U.P. Subordinate Revenue Executive Service (Tehsildars) Rules, 1944. Th...

Supreme Court

Supreme Court Upholds State's Appeal in Validity of Rules for Administration of Justice in Naga Hills District; Rules of 1937 Validly Enacted and Continued in Force. The Court Held That the Scheduled Districts Act, 1874 Did Not Suffer from Excessive Delegation and That the Rules Did Not Violate Articles 14 and 21 of the Constitution, Allowing Trial Under the Rules of 1937....

The appeals arose from writ petitions filed by members of the 7th Battalion of the Central Reserve Police who were arrested and charged with murder and arson under the Indian Penal Code for incidents ...

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Supreme Court

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Supreme Court Quashes Recovery of Deficiency in Forest Contract Auction for Non-Compliance with Article 299(1) of Constitution. Government Cannot Invoke Implied Contract to Recover Amount as Arrears of Land Revenue under Section 155(b) of Madhya Pradesh Land Revenue Code, 1959....

Supreme Court Allows State's Appeal; Bribery by Police Officer Not Under Colour of Duty, Limitation Under Bombay Police Act Section 161(1) Inapplicable. Conviction of Police Head Constable for Accepting Bribe Restored as Act Not Connected with Official Duty....

Supreme Court Allows Appellant in U.P. Zamindari Abolition Case Concerning Brick Kiln; Holds Brick Kiln Not a Building Under Section 9. High Court Erred in Treating Mere Pit with Bricks as Building; Land Vested in State and Rent Claim for Post-Vesting Period Failed....

Supreme Court Upholds State in Probation Termination Case Under U.P. Tehsildars Rules. Termination of probation under Rule 14 did not constitute punishment under Article 311 and no automatic confirmation occurred upon expiry of two-year probation period without express order....

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...