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Supreme Court Upholds Appellant in Election Appeal Withdrawal Dispute. High Court Bound to Permit Unconditional Withdrawal of Appeal Under CPC Order XXIII Rule 1(1); Representation of People Act 1951 Sections 109-110 Do Not Apply to Appeals Under Section 116-A....

The Supreme Court considered an appeal by special leave against an order of the Orissa High Court in an election dispute arising from the Choudwar constituency of the Orissa Legislative Assembly. Bija...

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Supreme Court Dismisses Appellant in Madras Estates Land Act Case; Inam Lands Not Proven to Be Non-Estate. Burden of Proof Lay on Plaintiff to Show Suit Lands Did Not Constitute an Estate Under Section 3(2)(d) and Explanation (1) of Madras Estates Land Act, 1908; Plaintiff Failed to Discharge Burden....

The dispute concerned the status of certain inam lands in Vandrada village, Vishakhapatnam district, held by the appellant under title deed No. 1082 issued by the Inam Commissioner in 1864. The appell...

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Supreme Court Sets Aside Industrial Court Award Directing Gratuity to Employees of Closed Electricity Supply Company. Industrial Court Had No Justification to Frame Gratuity Scheme When Industry Had Ceased Business, as Long-Term Scheme Requirement Not Met Under Section 38(a) of Central Provinces and Berar Industrial Disputes Settlement Act, 1947....

The Supreme Court of India heard an appeal by special leave against an award dated 29 April 1961 passed by the State Industrial Court, Nagpur, under Section 38(a) of the Central Provinces and Berar In...

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Supreme Court Upholds Assessee in Income Tax Act Case Regarding Clubbing of Wife's Income from Assets Transferred Before Marriage. Transfer of Shares Made Before Marriage to Prospective Wife Did Not Fall Under Section 16(3)(a)(iii) of Indian Income-tax Act, 1922, as the Words 'Wife' and 'Husband' Require Existing Marital Relationship and Not Prospective Spouses....

The appeals arose out of income tax assessments for four assessment years relating to dividends received by Mrs. Judith Thomas on 750 shares of J. Thomas & Co., Ltd. The assessee, Philip John Plasket ...

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Supreme Court Upholds Industrial Tribunal Reference in Agricultural Operations Case Under Industrial Disputes Act. Agricultural Operations by Profit-Oriented Companies Constitute 'Industry' Under Section 2(j) as Trade or Business Test Satisfied; Larger Question of All Agriculture Not Decided....

Background: The appeals before the Supreme Court arose from two writ petitions filed in the Patna High Court challenging the reference of industrial disputes by the State of Bihar to an Industrial Tri...

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Supreme Court Allows Appeal in Industrial Dispute Over Mandatory Publication of Award Under Section 17 Industrial Disputes Act, 1947. Binding Settlement Under Section 18(1) Reached After Award Forwarded to Government Requires Withholding of Award Publication to Avoid Conflict....

The Supreme Court of India decided three civil appeals by certificate arising from writ petitions filed before the Andhra Pradesh High Court under Article 226 of the Constitution. The appellants, empl...

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Supreme Court Upholds Plaintiff in Impartible Estate Partition Suit Regarding Incorporation of Properties and Regalia Jewels. Ruling Clarifies That Incorporated Immovable Property Remains Impartible, Family Custom Can Establish Impartibility of Movables, and Section 18(4) of Madras Estates Abolition Act Vests Buildings in Landholder Only, Not Making Them Partible....

The dispute arose among members of the Vizianagram family, a joint Hindu family owning a large impartible estate devolving by primogeniture. The plaintiff, Viziaram Gajapathi Raj II, filed a partition...

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Supreme Court Allows State's Appeal for Expunction of Derogatory Remarks Against Police Force. State Government Held to Be Aggrieved Party Under Section 561-A of the Code of Criminal Procedure, 1898, and High Court's Inherent Power to Expunge Remarks to Secure Ends of Justice Affirmed....

The Supreme Court heard an appeal by special leave against an order of the Allahabad High Court which had dismissed the State of Uttar Pradesh's application under Section 561-A of the Code of Criminal...