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Supreme Court Upholds Validity of Gift by Husband to Minor Wife Accepted by Mother in Absence of Legal Guardians of Property under Muhammadan Law. Mother's Acceptance of Immovable Property Gift, Coupled with Registered Deed and Clear Intention to Divest Ownership, Satisfied Hiba Requirements when Father, Grandfather, and Kazi Were Unavailable....

The dispute arose from a gift deed executed by one Mammotty in favour of his minor wife Seinaba. The parties were governed by Hanafi Muhammadan Law. Mammotty transferred his properties including immov...

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Supreme Court Allows Appeal by Consolidation Authorities and Remands Applications for Transfer by Exchange Under U.P. Consolidation of Holdings Act, 1953. Settlement Officer Must Permit Transfer Unless It Defeats Consolidation Scheme; High Court's Mandamus Directions Held Improper Under Section 16A(2) and Relevant Provisions....

The dispute arose under the U.P. Consolidation of Holdings Act, 1953 during consolidation operations in eleven villages. Four respondents, who were members of a family, held lands scattered across the...

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Supreme Court Upholds High Court's Quashing of Dismissal Order in Service Law Case as Reasonable Opportunity Not Given Under Article 311(2). Article 311(2) requires that the government servant be informed of all grounds, including previous punishments, relied upon for enhanced penalty in the second show cause notice; omission of such grounds vitiated the dismissal....

The State of Mysore appealed by special leave against a judgment of the Mysore High Court which quashed the dismissal of K. Manche Gowda, a civil servant. The respondent was holding the post of Assist...

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Supreme Court Upholds Adoption Validity and Sets Aside Post-Conception Alienations in Hindu Joint Family Partition Suit. Bombay Presidency Sudra Adopted Son's Share Rule of One-Fifth Applied; Gifts to Daughter for Maintenance Upheld but Gifts to Strangers Declared Void....

The litigation arose out of a partition suit concerning the estate of Chanbasappa, who died on January 8, 1944, leaving three wives, two widowed daughters, an alleged posthumous son, and property subj...

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Supreme Court Dismisses Appeal by Accused in Murder Case Upholding Conviction Under Section 302 IPC. Failure to Supply Statements Recorded Under Section 161 CrPC Did Not Vitiate Trial as No Prejudice Was Shown; High Court Properly Reversed Acquittal Based on Injured Eyewitnesses....

The Supreme Court heard a criminal appeal by special leave against the judgment of the Rajasthan High Court convicting appellant Noor Khan under Section 302 of the Indian Penal Code for the murder of ...

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Supreme Court Allows Dealer's Appeals in Sales Tax Escaped Assessment Case Due to Limitation Bar. Interpretation of 'Escaped Assessment' Under Section 11-A of Central Provinces and Berar Sales Tax Act, 1947 Determines That Assessment Proceedings Commence Factually Upon Return Filing or Notice, Not Statutory Obligation....

The case concerned two appeals by a registered dealer under the Central Provinces and Berar Sales Tax Act, 1947, challenging sales tax assessments for the years 1949-50 and 1950-51 on the ground of li...

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Supreme Court Upholds State's Recovery of Pre-1958 Mining Fees Despite Supersession of Orissa Act by Central Mining Law. Accrued Liabilities Under Repealed State Act Saved by Section 6 of General Clauses Act, 1897....

The State of Orissa and the Administrator, Orissa Mining Areas Development Fund, appealed against a common judgment of the Orissa High Court which had allowed writ petitions filed by mining companies ...

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Supreme Court Dismisses State Appeal in Confession Evidence Case as Unauthorized Magistrate's Oral Testimony Inadmissible. Section 164 CrPC Confession by Non-Empowered Second Class Magistrate Cannot Be Proved Orally, Upholding High Court's Acquittal of Accused in Murder Trial....

(1) Background — This criminal appeal by special leave arose from a murder case in which the State of Uttar Pradesh challenged the acquittal of three respondents by the Allahabad High Court. The sol...

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Supreme Court Upholds Disqualification of Appellant in Office of Profit Case Under Article 102(1)(a) of Constitution. Auditor of Government Company, Whose Appointment, Removal, and Control Rest with Central Government and Comptroller and Auditor-General, Holds Office of Profit Under Government Even Without Master-Servant Relationship....

The appeal before the Supreme Court arose from an election petition challenging the election of Gurugobinda Basu to the Lok Sabha from the Burdwan Parliamentary Constituency in West Bengal. The appell...

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Supreme Court Restores Decree for Judicial Separation in Husband's Favor in Hindu Marriage Act Desertion Case. Wife's Insincere Offers to Return and Pre-Existing Animus Deserendi Prevented Husband's Letter from Constituting Just Cause Under Section 10(1)(a) of Hindu Marriage Act, 1955....

The dispute arose from a matrimonial petition filed by the appellant husband seeking judicial separation under Section 10(1)(a) of the Hindu Marriage Act, 1955, on the ground of desertion. The parties...