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Supreme Court Upholds Heirs in Negligence Claim for Collapse of Municipal Clock Tower. Res Ipsa Loquitur Applies and Owner of Structure Adjacent to Highway Is Liable Irrespective of Patent or Latent Defect Under Section 1 of Fatal Accidents Act, 1885....

These appeals arose from three suits for damages filed by the heirs of Ram Parkash, Panni Devi, and Gopi Chand, who died when an 80-year-old Clock Tower in Chandni Chowk, Delhi, collapsed. The tower w...

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Supreme Court Dismisses Appeal Against Conviction Under Section 353 IPC for Assaulting Public Servants. Court Holds That Section 195 CrPC Does Not Bar Trial for Distinct Offence of Assault on Public Servant, Even Though Same Facts Also Constituted Obstruction Under Section 186 IPC....

The case arose from an incident where the appellants obstructed and assaulted two public servants who were executing a decree of a civil court. The appellants were initially charged under Sections 143...

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Supreme Court Dismisses Plaintiff's Appeal in Specific Performance Suit Where Consideration Was Found to Be a Bribe. Bribery Found to Vitiate Agreement Under Section 23 of Indian Contract Act, 1872; Same Standard of Proof in Civil Cases Despite Criminal Nature of Allegation....

This appeal by special leave arose from a suit for specific performance of an agreement dated February 28, 1941, filed by the appellant-plaintiff against the heirs and legal representatives of the dec...

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Supreme Court Upholds Civil Court Jurisdiction in Land Title Dispute Under Bhopal State Land Revenue Act, 1932. Civil Court May Entertain Suit Based on Title and Possession as Revenue Officer's Power Under Section 71 Did Not Include Determination of Khatedar Title, and Section 200(1) Bar Did Not Apply....

The dispute concerned 57.07 acres of land in Mauza Bhanpur, Tahsil Huzur, Western District Bhopal, where both parties claimed khatedar (occupant) rights. The appellant, Abdul Waheed Khan, earlier obta...

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Supreme Court Upholds Indemnity Claim for Loss of Ownership Despite Continued Possession. Indemnity Bond Enforceable When Purchaser's Title Defeated by Creditor's Sale, Even Without Dispossession....

The dispute arose from a sale of land by a father (second defendant) of property belonging to himself and his minor son (third defendant). To protect the purchaser, the second defendant executed an in...

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Supreme Court Allows State Appeal in Gambling Case, Holds No Mandatory Expert Evidence Required to Prove Instruments of Gaming. Evidence of Officer Executing Search Warrant May Be Sufficient Without Corroboration Depending on Facts....

The State of Gujarat appealed against the acquittal of Jaganbhai Bhagwanbhai under the Bombay Prevention of Gambling Act, 1887. The respondent was charged under sections 4 and 5 for accepting bets on ...

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Supreme Court Upholds State Appeal in Sales Tax Refund Dispute Under Travancore-Cochin General Sales Tax Act, 1950. Civil Court Jurisdiction Excluded by Necessary Implication as Act Constitutes Complete Code with Hierarchy of Authorities....

The case arose from a suit filed by the respondent dealer, Ramaswami Iyer & Sons, against the State of Kerala for refund of excess sales tax paid under the Travancore-Cochin General Sales Tax Act, 195...

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Supreme Court Allows Detenu's Writ Petition in Preventive Detention Case Under Defence of India Rules. Kerala's Detention Under Rule 30(1)(b) Quashed as Mala Fide Due to Lack of Proper Affidavit and Failure to Justify Continued Detention After Kerala Kerosene Control Order, 1965....

The petitioner, a wholesale dealer in kerosene oil in Kerala, was detained under Rule 30(1)(b) of the Defence of India Rules, 1962 by an order dated 20 October 1965 passed by the State of Kerala. He c...