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Supreme Court Dismisses Plaintiff's Suit as Time-Barred in Land Possession Dispute — Occupancy Tenant's Right Extinguished by Forfeiture and 12-Year Continuous Possession by Landlord. Landlord's Possession Under Ejectment Decrees Was Adverse to Akhara and Right to Sue Was Barred by Limitation....

The appeal arose from a suit for possession of agricultural land in Amritsar, where the appellant, the landowner, had evicted the second respondent, the then Mahant of Akhara Nirbansar, from the land ...

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Supreme Court Dismisses Surety's Appeal in Forest Timber Sale Dispute Under Sale of Goods Act. Unconditional Contract for Specific Goods in Deliverable State Passed Property to Purchaser on Auction Date Under Section 20, Making Surety Liable for Unpaid Instalments Despite Timber Destruction by Fire....

The dispute arose from a public auction sale of cut timber and arkat trees in a forest coupe by Divisional Forest Officer, Harda, on 24 December 1956. The purchaser, respondent No.2, bought coupe No.9...

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Supreme Court Upholds Workmen in Industrial Dispute Over Mass Dismissal Under Industrial Disputes Act, 1947. Dismissed Employees' Dispute Became Industrial by Union Espousal Even Without Majority Membership and by Dismissed Group's Collective Action Under Section 2(k) and Section 10(1) of Industrial Disputes Act, 1947....

By special leave, the Supreme Court considered an appeal from an Award dated February 9, 1962, of the Industrial Tribunal, Delhi in I.D. No. 294 of 1961. The litigation arose under the Industrial Disp...

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Supreme Court Allows Appeals by Thika Tenants in Calcutta Thika Tenancy Act Case; Holds Betterment Fee Levy Does Not Attract Section 30(c) Exemption. Ejectment Suits Filed in Civil Court Are Barred; Thika Tenants Must Be Sued Before Controller Under Section 5 of Calcutta Thika Tenancy Act, 1949....

The dispute arose from six ejectment suits filed in 1954 by the respondent landlord, who owned premises No. 12, Haldar Lane, Calcutta, against the appellant thika tenants. The appellants claimed to ha...

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Supreme Court Upholds Bank in Recovery Suits; Irregular Allotment of Shares Not Void. Directors' Interested Votes Rendered Allotment Irregular, But Company's Affirmation and Director's Estoppel Made It Binding Under Section 91B(1) of Indian Companies Act, 1913....

The dispute arose from two civil appeals before the Supreme Court challenging decrees of the Bombay High Court in loan recovery suits filed by The Sangli Bank Ltd., formerly Bank of Poona Ltd. The Ban...

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Supreme Court Dismisses Cantonment Board's Appeal in Rent Recovery Case; Summary Remedy Under Section 259 of Cantonments Act, 1924 Not Available for Pure Lease Rent. The Court Held That Rent Due Under a Lease Was Not Recoverable Under the Act or Rules, Thus the Magistrate Lacked Jurisdiction to Issue Attachment Warrants....

The case concerned the interpretation of Section 259 of the Cantonments Act, 1924, which provides for summary recovery of certain dues by a Magistrate on application by a Cantonment Board or Military ...

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Supreme Court Dismisses Appeal by Tramway Company in Arbitration Clause Dispute Under Calcutta Tramways Act, 1951. The Court Held That the Proviso to Section 5 Saved Both the Corporation's Right to Sums Payable and the Procedural Remedy of Arbitration, Rejecting the Argument That the Government Alone Could Enforce Arbitration....

The dispute arose from agreements dating back to 1879 between the predecessors of the Calcutta Tramways Co. Ltd. and the Corporation of Calcutta for the construction, maintenance and use of tramways i...

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Supreme Court Upholds Conviction of Accused in Bombay Prohibition Act Case for Intoxicated Driving. Consumption of Tincture Zingeberis Mitis, a Medicinal Preparation Fit for Use as Intoxicating Liquor, Attracts Offence Under Sections 66(1)(b) and 85(1)(1) of Bombay Prohibition Act, 1949, as Accused Failed to Discharge Statutory Burden Under Section 66(2)....

The appeal arose from a conviction under the Bombay Prohibition Act, 1949. On 12 June 1961, the appellant and another person drove a jeep at excessive speed and crashed into a wall of the office of th...

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Supreme Court Reverses High Court Decision on Right of Survivorship Between Co-Widows in Hindu Law Case. The Court Held That Mere Partition Between Two Widows Does Not Extinguish Right of Survivorship Unless Clear and Cogent Evidence Establishes Relinquishment Under Section 6(a) of the Transfer of Property Act, 1882....

The dispute arose between two co-widows of one Sivasubramania Pillai, who died in 1924 leaving behind his mother, two widows Thialaiachi and Karpagathachi, and a daughter Nagarathinathachi born of Thi...