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Supreme Court Quashes Detention Order Served on Person Already in Jail Custody. Service of Order Under Rule 30(1)(b) of Defence of India Rules, 1962 on a Jail Detenu Amounts to Invalid Double Detention....

The Supreme Court of India heard an appeal by special leave against the dismissal of a habeas corpus petition by the Punjab High Court. The appellant, Makhan Singh Tarsikka, challenged his detention u...

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Supreme Court Allows Appeal in Pre-emption Case Concerning Leasehold Land and House; Holds No Pre-emption Right Over Leasehold Interest or Superstructure. Law of Pre-emption Among Co-sharers Upheld Under Article 19(1)(f) of Constitution, but Entire Bargain and Reciprocity Doctrines Require Full Ownership, Excluding Leasehold and Movable Superstructure....

This civil appeal by special leave arose from a dispute over the right of pre-emption under Muhammadan law as applied by custom in Bihar. The property in question was a house and two golas situated on...

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Supreme Court Upholds Contempt Order Against Advocate in Habeas Corpus Dispute Over Alleged Wife's Custody. The Court Held That a Writ of Habeas Corpus for Private Detention Is Available but Not as a Matter of Course, and the High Court's Writ Nisi Should Have Been Preceded by More Inquiry....

The litigation was a habeas corpus proceeding initiated by Mahesh Prashad under Section 491 of the Code of Criminal Procedure, 1898, and Article 226 of the Constitution of India, seeking the release o...

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Supreme Court Allows Appeal in Motor Vehicles Act Permit Case; High Court Exceeded Certiorari Jurisdiction by Reappreciating Evidence. Writ of Certiorari Under Article 226 Cannot Correct Findings of Fact Based on Appreciation of Evidence; Error Must Be of Law Apparent on Face of Record or Based on No Evidence....

The litigation arose from the grant of two stage carriage permits for an express service on the route Madras to Chidambaram under the Motor Vehicles Act, 1939. The State Transport Authority, Madras, i...

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Supreme Court Upholds High Court Conviction in Dacoity Case Due to Maintainable Complainant's Appeal Under Section 417(3) CrPC. Cognizance Taken on Complaint Under Section 200 CrPC Made Case Instituted on Complaint, Allowing Appeal Despite Subsequent Police Charge-Sheet....

The dispute arose from an incident on November 15, 1956, when the respondent, a businessman, was allegedly surrounded and assaulted by seven appellants armed with lathis on a village road, and robbed ...

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Supreme Court Upholds Election of Returned Candidate in Corrupt Practice Case Over Leaflets and Employment Offer. Offer to Procure Employment Held Not 'Gratification' Under Section 123(1)(B) of Representation of the People Act, 1951, and Leaflets Found to Constitute Corrupt Practice Under Section 123(4)....

This appeal arose from an election petition challenging the election to the Madhya Pradesh Legislative Assembly from Sitamau constituency. Eight candidates including the appellant Mohan Singh and the ...