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Supreme Court Allows State Appeal in Prosecution Under Mysore Sales Tax Act, 1957. Non-Payment of Assessed Tax Within Demand Notice Constituted Offence Under Section 29(1)(d) Despite Pending Appeal; Acquittal Set Aside....

The State of Mysore appealed by special leave against the acquittal of a registered dealer in three prosecution cases under Section 29(1)(d) of the Mysore Sales Tax Act, 1957 for non-payment of assess...

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Supreme Court Upholds Appellant in Partition Suit Concerning Home-Farm Land Under Madhya Pradesh Abolition of Proprietary Rights Act, 1950. High Court's Dismissal of Suit as Infructuous Held Erroneous as Proprietary Rights Vesting Did Not Extinguish Co-sharer's Right to Partition Non-Vested Home-Farm Land....

The dispute arose from a partition suit instituted on December 7, 1939, by Himatrao, a co-sharer in village Mozara, District Yeotmal, in the Berar region of Madhya Pradesh. He sought a declaration tha...

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Supreme Court Upholds Conviction of Public Servant Under Prevention of Corruption Act for Accepting Bribe from Cloth Trader. Mere Receipt of Rs. 10,000 by Assistant Director Enforcement Raised Presumption Under Section 4(1) of Prevention of Corruption Act, 1947 That It Was Gratification, and Accused Failed to Rebut by Preponderance of Probability....

The case involved a criminal appeal by special leave before the Supreme Court of India arising out of a conviction under Section 161 of the Indian Penal Code, 1860 and Section 5(2) read with Section 5...

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Supreme Court Upholds High Court Order Quashing Demand Notices Against Kanam Tenants by Cochin Devaswom Board in Travancore-Cochin Kanam Tenancy Act Case. Travancore-Cochin Kanam Tenancy Act, 1955 Applies to Devaswom Lands in Cochin Region and Does Not Violate Article 14 of Constitution Despite Regional Classification....

The dispute arose from demand notices issued by the Cochin Devaswom Board to kanam tenants in the Cochin region of Kerala for recovery of michavaram and renewal fee under Rules framed pursuant to a Pr...

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Supreme Court Upholds Appointments of 88 Assistant Engineers Made Under Executive Power Despite Absence of Statutory Recruitment Rules. State's Executive Power Under Article 162 of Constitution Upheld; Rule 3 of General Recruitment Rules and Functions Rules Not Statutory Under Article 309....

The case involved appeals by special leave against the judgment of the High Court of Mysore which had quashed a Government notification dated October 31, 1961 and the appointments of 88 Assistant Engi...

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Supreme Court Upholds Validity of Perpetual Lease of Ghatwali Lands Granted by Deputy Commissioner. Special Act Prevails Over General Act; Presumption of Regularity Under Section 114 Evidence Act Applied to Validate Lease....

The dispute concerned the validity of a perpetual lease granted in 1873 over lands forming part of the Rohini Ghatwali Estate in present-day West Bengal. The plaintiff, Thakur Manmohan Deo, was the cu...

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Supreme Court Dismisses Landlord's Appeal, Upholds Tenancy Rights of Mortgagee's Tenants Under Rajasthan Tenancy Act. Tenants Inducted by Mortgagee Gain Khatedar Status Under Section 15 of Rajasthan Tenancy Act, 1955, and Cannot Be Ejected Upon Redemption of Mortgage....

The Supreme Court adjudicated an appeal arising from an ejectment suit by the appellant-landlord against respondents-tenants who were inducted by a mortgagee. The appellant's father had created a usuf...

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Supreme Court Rules on Court-Fee Payable for Appeal Claiming Refund of Definite Excise Duty. Claim for Refund of Ascertained Amount Attracts Ad Valorem Court-Fee Under Entry 2, Part II of Supreme Court Rules, 1950, Not Fixed Fee of Rs. 250....

The dispute concerned the appropriate amount of court-fees payable on appeals filed by the appellant, a paper manufacturer, under Article 136 of the Constitution. The appellant carried on business man...

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Supreme Court Upholds Accused in Criminal Appeal Quashing High Court's Alteration of Acquittal to Conviction Under Section 326 IPC. High Court Lacked Jurisdiction Under Section 423(1)(b) CrPC to Convert Acquittal into Conviction When State Did Not Appeal Acquittal....

This criminal appeal by special leave arose from a judgment of the Patna High Court dated September 18, 1963, in Criminal Appeal No. 368 of 1961, modifying the conviction of the appellant Lakhan Mahto...