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Supreme Court Dismisses Sitting Legislator's Challenge to Election Commission Enquiry in Disqualification Reference. Article 192(2) of Constitution of India Empowers Election Commission to Hold Enquiry Before Giving Opinion, and Any Citizen May Raise Disqualification Complaint Under Article 191(1) with Governor....

The appeal before the Supreme Court arose from a writ petition dismissed in limine by the Punjab High Court concerning the jurisdiction of the Election Commission of India to enquire into an allegatio...

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Supreme Court Dismisses Tenant's Appeal in West Bengal Premises Tenancy Act Case; Deposit with Rent Controller Not Equivalent to Payment in Court Under Section 17(1). Section 17(3) Striking Out Defence Upheld as Tenant Failed to Comply with Mandatory Payment in Court Despite Monthly Deposits Under Section 21....

The appeal arose from a suit for eviction filed by the respondent landlord against the appellant tenant under the West Bengal Premises Tenancy Act, 1956. The tenant had been depositing monthly rent wi...

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Supreme Court Upholds Local Board in Assam Local Self Government Act Case — Annual Tax on Land Used as Market Held Competent. Tax Under Section 62 Is a Tax on Land and Not on Market Transactions, Thus Within Entry 49 of List II and Not Violative of Article 14 Due to Lack of Proof of Discrimination....

The appeal arose from a certificate granted by the Assam High Court under Article 132 of the Constitution and challenged the constitutional validity of an annual tax levied by local boards for the use...

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Supreme Court Upholds Hereditary Trustee in Endowments Act Case; Requires Natural Justice Before Extension of Temple Notification. Extension of Notification Under Section 64(4) of Madras Hindu Religious and Charitable Endowments Act, 1951 Without Hearing Trustee Violated Natural Justice, Despite High Court's Refusal on Procedural Grounds....

Background: The dispute concerned Sri Thiyagarajaswami Temple at Tiruvarur, an ancient temple with 13 specific endowments called Kattalais. The appellant was the hereditary trustee of the Rajan Kattal...

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Supreme Court Upholds Civil Court's Jurisdiction to Examine Validity of Adoption Despite Court of Wards Consent. Consent Under Section 37 of U.P. Court of Wards Act, 1912 Does Not Preclude Challenge to Adoption in Civil Court on Grounds of Lack of Authority Under Personal Law....

The dispute concerned the Phulpur Estate in Allahabad District and the validity of an adoption by Rani Gomti Bibi, widow of Rai Bahadur Rai Pratap Chand, who died on January 23, 1901. After his death,...

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Supreme Court Upholds Constitutionality of Dividend Definition Under Income-tax Act in Capital Reduction Case. Majority Holds Distribution of Accumulated Profits on Reduction of Capital Occurred When Payments/Credits Made to Shareholders in Accounting Year Ending 1955, Attracting Assessment Year 1956-57 Under Section 2(6A)(d) of Indian Income-tax Act, 1922....

The appeal arose from a tax reference concerning a public limited company incorporated under the Indian Companies Act, 1913, which had reduced its share capital in multiple steps and distributed surpl...

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Supreme Court Dismisses Appeals by Accused in Prevention of Food Adulteration Case. Court Holds That Public Analyst's Report Is Sufficient for Conviction Without Calling Analyst and That Compulsory Sample Sale Under Section 10 Constitutes Sale Under Section 2(xiii) of Prevention of Food Adulteration Act, 1954....

The case involved appeals by special leave before the Supreme Court against the judgment of the Bombay High Court which had reversed an acquittal and restored convictions under the Prevention of Food ...