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Supreme Court Upholds State Taxation Amendment but Strikes Down Validation Clause in Rajasthan Passengers and Goods Taxation Act. Retrospective Tax Amendment Held Valid Under Legislative Competence While Section 4 Validation Provision Struck Down as Unconstitutional Deeming of President's Assent....

The Supreme Court examined the constitutional validity of the Rajasthan Passengers and Goods Taxation (Amendment and Validation) Act, 1964 (Act 22 of 1964) and the preceding Ordinance No. 4 of 1964. T...

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Supreme Court Upholds Tenant Occupancy Rights in Shrotriem Grant Case Under Madras Estates Land Act. Explanation 1 to Section 3(2)(d) Presumes a Grant of Named Village as an Estate, Shifting Onus to Party Denying Estate Status....

The litigation concerned a dispute over occupancy rights in agricultural lands in Challayapalem village, Nellore District, between shrotriemdars (landlords) and tenants. The shrotriem grant was origin...

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Supreme Court Upholds Appellant in Service Termination Case Under Article 311; Regulation Providing Automatic Termination Cannot Override Constitutional Protection. Article 311(2) of Constitution of India, 1950 Requires Opportunity to Show Cause Before Removal for Overstaying Leave Under Jodhpur Service Regulations Regulation 13....

This appeal arose from a service dispute between a permanent Head Warder of the Central Jail, Jodhpur, and the State of Rajasthan. The appellant had joined as Warder in April 1940 and was promoted as ...

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Supreme Court Dismisses State Appeal in District Judge Dismissal Case Due to Violation of Article 235 Control. High Court's Disciplinary Control Over Subordinate Judiciary Excludes Executive Inquiry Under West Bengal Service Rules....

The appeal arose from the dismissal of Nripendra Nath Bagchi, a District and Sessions Judge in the State of West Bengal. Bagchi was appointed as a Munsif on November 10, 1927, and after promotions bec...

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Supreme Court Upholds Workmen's Claim for Lay-off Compensation Under Industrial Disputes Act. Labour Court Jurisdiction Under Section 33C(1) Affirmed as Compensation for Lay-off Falls Only Under Chapter V-A, Rejecting Employer's Reliance on C.P. & Berar Act....

The litigation arose from an application by two workmen of the Sawatram Ramprasad Mills Co. Ltd., Akola, claiming compensation for lay-off from March 5, 1960 to October 22, 1960. The workmen filed the...

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Supreme Court Upholds Detenu's Release in Defence of India Rules Case Due to Misuse of 'Law and Order' Instead of 'Public Order'. District Magistrate's Detention Order Under Rule 30(1)(b) of Defence of India Rules, 1962 Cited 'Maintenance of Law and Order' Not 'Public Order', Rendering Order Invalid....

The Supreme Court considered a writ petition under Article 32 of the Constitution filed by Dr. Ram Manohar Lohia challenging his detention under Rule 30(1)(b) of the Defence of India Rules, 1962. The ...

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Supreme Court Upholds Appellant in Arbitration Act Section 20 Filing — Effective Arbitration Agreement Came into Existence After Withdrawal of Pending Suit. Section 20 Applies to Agreements Entered While No Suit Pending, Not Merely Where No Suit Has Ever Been Instituted, Allowing Filing Despite Earlier Withdrawn Suit....

The dispute arose from an application under Section 20 of the Indian Arbitration Act, 1940 for filing an arbitration agreement. The appellant had instituted Suit No. 1712 of 1949 in the Bombay High Co...

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Supreme Court Partially Allows Appeal of Appellant in Foreign Exchange Regulation Act Case for Unspent Travel Exchange Deposits. Court Held That Depositing Unspent Foreign Exchange in Foreign Bank Current Account Did Not Amount to Lending Under Section 4(1) but Violated Mandatory Sale Requirement Under Section 4(3) of Foreign Exchange Regulation Act, 1947....

Background — The appellant, a resident of India, visited Far Eastern countries between 1951 and 1956 after obtaining necessary foreign exchange from the Government of India for meeting tour expendit...