Supreme Court

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Supreme Court

Supreme Court Allows Public Servant's Appeal in Part in Sanction Requirement Case; Conviction for Falsification of Accounts Set Aside, Criminal Breach of Trust Upholded. The Court Held That Sanction Under Section 197(1) CrPC Is Required for Offences Falling Within the Scope of Official Duties but Not for Criminal Misappropriation Merely Enabled by Official Position....

The Supreme Court of India adjudicated criminal appeals by special leave arising from convictions of public servants for criminal breach of trust and falsification of accounts. Baijnath Gupta was Chie...

Supreme Court

Supreme Court Allows Appeal of Accused in Madras Prohibition Act Case Due to Non-Compliance with Mandatory Guilty Plea Recording. Conviction Set Aside as Magistrate Failed to Record Plea in Accused's Words Under Section 243 of Code of Criminal Procedure, 1898; Case Remanded for Retrial....

The Supreme Court of India heard an appeal by certificate under Article 134(1)(c) of the Constitution arising from a judgment of the Madras High Court which had affirmed the conviction of the appellan...

Supreme Court

Supreme Court Upholds Sub-Tenant's Direct Tenancy Under West Bengal Premises Tenancy Act Due to Final Declaration Under Section 16(3). Controller's Declaration Under Section 16(3) Before Ejectment Decree Was Final and Not Open to Rescission, Protecting Sub-Tenant's Rights....

The dispute arose from premises No. P-16, Bentinck Street, Calcutta, owned by M/s. A. C. Estates, which had let out a second-floor suite to Gee Tsing Po on a monthly rent of Rs. 66. In June 1954, Po s...

Supreme Court

Supreme Court Dismisses Mortgagors in Redemption Suit Under Indian Trusts Act Due to Trifling Default by Mortgagee. Section 90 Illustration (c) Not Attracted Where Mortgagee's Non-Payment of Trivial Rent Was Not Real Cause of Rent Sale; Equity of Redemption Extinguished....

The litigation arose out of a suit for redemption of two usufructuary mortgages created by the plaintiffs-mortgagors in favour of the defendant-mortgagee. The first mortgage dated July 5, 1927 covered...

Supreme Court

Supreme Court Partly Allows Appeal in Evacuee Property Dispute; Upholds Governor's Declaration of Evacuee Property but Restrains Interference with Mortgagee Possession. Notice Under Section 7(1) of Administration of Evacuee Property Act, 1950 to Deceased Mortgagees Was Ineffective, but Declaration of Evacuee Property Did Not Affect Mortgagee Rights Since Only Equity of Redemption Vested in Custodian....

The dispute concerned agricultural land in village Alipore, Tehsil Hanumangarh, owned by Ibrahim, Khurshed, Isak, and Baggu, who migrated to Pakistan. The land was mortgaged to Hazari and Magha in 193...

Supreme Court

Supreme Court Upholds Mortgagees in Madras Agriculturists Relief Act Dispute Because Mortgage Interest Was Transferred to Family Charity for Valuable Consideration. Transfer of Usufructuary Mortgage Rights in Discharge of Prior Charitable Trust Obligation Rendered Mortgage Exempt from Scaling Down Under Section 9-A(10)(ii)(b) of Madras Agriculturists Relief Act, 1938....

The dispute arose from a registered usufructuary mortgage deed executed on 18 August 1930 by the predecessors-in-interest of the appellants in favour of the respondent family for Rs.31,000. The mortga...

Supreme Court

Supreme Court Dismisses Appeal in Criminal Procedure Code Section 428 Additional Evidence Case — High Court's Conviction for Criminal Breach of Trust Upheld. High Court's Order Taking Additional Documentary Evidence in Appeal Against Acquittal Held Within Discretion Under Section 428 of Code of Criminal Procedure, 1898, When Accused's Own Trial Demand for Documents Was Vague and Additional Evidence Demonstrated No Deposit of Collected Monies....

The case involved a criminal appeal by special leave against the judgment and order of the Calcutta High Court dated September 5, 1962, in Criminal Appeal No. 295 of 1960. The appellant, a traveling s...

Supreme Court

Supreme Court Upholds Mortgagee in Madras Agriculturists Relief Act Case Due to Transfer of Mortgage Rights to Charity for Valuable Consideration. Section 9-A(10)(ii)(b) Exemption Applied as Transfer Discharged Antecedent Family Trust Obligation, Thus Mortgage Debt Not Liable to be Scaled Down....

The dispute arose from a usufructuary mortgage executed on August 18, 1930, by predecessors-in-interest of the appellants in favour of the family of Samu Pattar for Rs. 31,000. The mortgage was redeem...

Supreme Court

Supreme Court Upholds Conviction Under Section 408 IPC in Appeal Against Acquittal; Additional Evidence Under Section 428 CrPC Permissible. High Court Justified in Ordering Production of Documents Sought by Accused at Trial to Prevent Failure of Justice....

The appeal arose by special leave from a judgment of the Calcutta High Court which convicted the appellant under Section 408 of the Indian Penal Code, 1860 on three counts and sentenced him to aggrega...

Supreme Court

Supreme Court Upholds High Court's Direction to Refer Tenancy Issue to Mamlatdar under Bombay Tenancy and Agricultural Lands Act, 1948. Suit for Possession on Mortgage Redemption Required Determination of Whether Defendant Was Protected Tenant, a Question Reserved for Mamlatdar Under Section 70(b), Civil Court's Jurisdiction Barred by Section 85....

The dispute arose from a suit instituted on April 19, 1951, by the plaintiff-appellant in the Court of the Second Joint Civil Judge, Junior Division at Bagalkot, seeking possession of suit properties ...

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Supreme Court

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Supreme Court Allows Appeal of Accused in Madras Prohibition Act Case Due to Non-Compliance with Mandatory Guilty Plea Recording. Conviction Set Aside as Magistrate Failed to Record Plea in Accused's Words Under Section 243 of Code of Criminal Procedure, 1898; Case Remanded for Retrial....

Supreme Court Upholds Sub-Tenant's Direct Tenancy Under West Bengal Premises Tenancy Act Due to Final Declaration Under Section 16(3). Controller's Declaration Under Section 16(3) Before Ejectment Decree Was Final and Not Open to Rescission, Protecting Sub-Tenant's Rights....

Supreme Court Dismisses Mortgagors in Redemption Suit Under Indian Trusts Act Due to Trifling Default by Mortgagee. Section 90 Illustration (c) Not Attracted Where Mortgagee's Non-Payment of Trivial Rent Was Not Real Cause of Rent Sale; Equity of Redemption Extinguished....

Supreme Court Upholds Mortgagee in Madras Agriculturists Relief Act Case Due to Transfer of Mortgage Rights to Charity for Valuable Consideration. Section 9-A(10)(ii)(b) Exemption Applied as Transfer Discharged Antecedent Family Trust Obligation, Thus Mortgage Debt Not Liable to be Scaled Down....

Supreme Court Upholds Conviction Under Section 408 IPC in Appeal Against Acquittal; Additional Evidence Under Section 428 CrPC Permissible. High Court Justified in Ordering Production of Documents Sought by Accused at Trial to Prevent Failure of Justice....

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 Upholds Scrutiny Committee Invalidation of Scheduled Tribe Caste Claim but P...

Supreme Court Allows Homebuyers' Appeal and Waives Time Extension Charges Imposed by Devel...

Supreme Court Dismisses Insurer's and Claimant's Appeals in Motor Accident Death Compensat...

Supreme Court Acquits Accused in Kidnapping and Murder Case Due to Lack of Substantive Evi...

Supreme Court Allowed Appeal in Customs Penalty Case Due to Reliance on AI-Generated Fake ...