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Supreme Court Upholds Money-Lender's Suit in Orissa Money-Lenders Act Dispute — Rules Restricting Maximum Capital Struck Down. Registration Certificate Under Section 5(4) of Orissa Money-Lenders Act, 1939 Does Not Become Void if Loan Exceeds Maximum Capital Mentioned Therein as the Act Does Not Empower Fixing Maximum Capital....

This appeal by special leave arose from a judgment of the Orissa High Court reversing a trial court decree in a money recovery suit. The appellant, a registered money-lender, filed a suit against the ...

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Supreme Court Upholds Requirement of Central Government Consent Under Section 86(1) CPC for Suit Against Foreign State. Suit Against United Arab Republic Barred for Non-Compliance with Section 86(1) CPC as 'Ruler' Includes Heads of All Foreign States Regardless of Form of Government....

The dispute arose from a contract for the purchase of tea between the appellant, Mirza Ali Akbar Kashani, and the respondents, the United Arab Republic and its department, the Ministry of Economy, Sup...

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Supreme Court Upholds Union of India in Preventive Detention Challenge Under Defence of India Rules. Detention Order Passed Immediately After Discharge in Official Secrets Act Case Was Valid as Past Activities Were Proximate and Not Mala Fide, Distinguishing Rameshwar Shaw....

The Supreme Court considered two writ petitions under Article 32 of the Constitution seeking writs of habeas corpus against preventive detention orders passed under the Defence of India Rules. The pet...

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Supreme Court Sets Aside Custodian's Rejection of Decree Holder's Claim Under Evacuee Property Act; Holds Custodian Has Power to Pay Debts. Section 10(2)(n) of Administration of Evacuee Property Act, 1950 Empowers Custodian to Pay Debts to Any Entitled Person Including Decree Holders....

Background: The appeal arose from a claim by a decree holder seeking satisfaction of money decrees from the assets of an evacuee vested in the Custodian under the Administration of Evacuee Property Ac...

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  • 72
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Supreme Court Upholds Exporter in Customs Misdescription Confiscation Case: Customs Cannot Reclassify Scrap Variety Under Export Licence. The Court Held That Customs Authorities Lacked Jurisdiction to Confiscate Iron and Steel Scrap Solely on Ground of Misdescription When the Licensing Authority Had Identified the Goods and Description of Variety Was Irrelevant to Exportability Under the Imports and Exports (Control) Act, 1947 and Sea Customs Act, 1878....

The dispute arose from the export of iron and steel scrap under the Imports and Exports (Control) Act, 1947 and the Exports (Control) Order, 1954. M/s. Shantilal Chhotalal & Co., an import-export firm...

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  • 73
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Supreme Court Upholds High Court's Order of Retrial in Criminal Case for Forgery and Cheating. Omission of a serious offence under Section 467 read with Section 471 of Indian Penal Code, 1860, exclusively triable by Court of Session, while trying allied offences justified the High Court's setting aside of acquittal under Section 423(1) of Code of Criminal Procedure, 1898....

The dispute arose from a complaint filed by Janardan Prasad against Matukdhari Singh and four others before the Honorary Magistrate, First Class, Jehanabad, alleging offences under Sections 420, 468, ...

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  • 75
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Supreme Court Dismisses Detenu's Writ Petition Against Review Order Under Defence of India Rules, 1962. Review of Detention Under Rule 30-A(8) Is Executive/Administrative, Not Quasi-Judicial, and Detenu Has No Right to Make Representation Before Continuation....

The petitioner was detained under an order passed by the District Magistrate, Delhi, dated September 5, 1964, under Rule 30(1) of the Defence of India Rules, 1962, on the ground that he was indulging ...

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  • 70
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Supreme Court Allows Appeal Against Conviction Under Madras Prohibition Act for Non-Compliance with Mandatory Plea Recording. Mandatory Procedure Under Section 243 of Code of Criminal Procedure, 1898 Overrides General Provision Section 362(2)(A) and Violation Renders Conviction Invalid....

This case concerned a criminal appeal by Mahant Kaushalya Das against his conviction under Section 4(1)(a) of the Madras Prohibition Act, 1937 for possession of Ganja without a permit. The appellant w...

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Supreme Court Upholds Sub-Tenant in West Bengal Premises Tenancy Act, 1956 Case by Holding Controller's Declaration Final. Section 16(3) Direct Tenancy Right Crystallised on 09-08-1956 Before Original Tenant's Ejectment Decree, Barring Controller from Rescinding Order....

The dispute arose from premises No. P-16, Bentinck Street, Calcutta, owned by the appellant, M/s. A. C. Estates. The appellant had let out a suite on the second floor to one Gee Tsing Po on a monthly ...

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Supreme Court Dismisses Revenue Appeal in Income Tax Penal Interest Case; Proceeding Under Article 226 Constitutes Civil Proceeding for Appeal Under Article 133. Proviso to Section 18A(6) of Income-tax Act, 1922 Made Retrospective from April 1, 1952 Grants Income-tax Officer Discretion to Reduce or Waive Interest; Assessment Order Omission Not Rectifiable Under Section 35....

The Supreme Court of India considered appeals arising from the Bombay High Court's quashing of a notice of demand for penal interest under Section 18A(6) of the Indian Income-tax Act, 1922. The disput...

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