Supreme Court

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Supreme Court Allows Judgment Debtor's Appeal in MP Abolition of Proprietary Rights Act Case — Sale of Sir Lands Set Aside as Without Jurisdiction. Cultivating Rights in Sir/Khudkasht Land Constituting Home-Farm Protected Under Section 43 Against Attachment or Sale in Execution of Money Decree Unless Secured by Mortgage or Charge; Attachment Before Vesting Did Not Create a Charge....

The dispute arose out of execution proceedings following a money decree obtained by Mohd. Yusaf against the appellant, Ahmad Hafiz Khan, for Rs. 1277/7/- on January 14, 1950. In execution, the decree ...

Supreme Court

Supreme Court Upholds High Court Quashing Disciplinary Proceedings Initiated Under Rule 55 Civil Services Rules Without Granting Gazetted Officer's Request to Refer Case to Administrative Tribunal. Rule 4(2) of U.P. Disciplinary Proceedings (Administrative Tribunal) Rules, 1947 imposes an obligation on the Governor to refer a gazetted government servant's case to the Tribunal upon request, and the word 'may' in that sub-rule means 'shall'....

The dispute arose from disciplinary proceedings initiated against a Naib Tehsildar employed by the State of Uttar Pradesh. The respondent, Jogendra Singh, was appointed in 1937 and suspended on August...

Supreme Court

Supreme Court Revokes Special Leave Granted to Appellant in Rent Control and Eviction Matter for Making Inaccurate and Misleading Statements in Special Leave Petition. Misrepresentation of Defaults Under Section 13(1)(a) of Rajasthan Premises (Control of Rent and Eviction) Act, 1950 Led to Dismissal of Appeal With Costs....

The dispute arose from a landlord-tenant relationship governed by a rent note executed on December 8, 1953, for premises used by the tenant to run an oil mill. The landlord sued for ejectment on May 2...

Supreme Court

Supreme Court Dismisses Opponent's Appeal Against Registration of Identical Trade Mark. Honest Concurrent User and Absence of Likelihood of Confusion Justify Concurrent Registration Under Sections 8(a) and 10(2) of Trade Marks Act, 1940....

The dispute concerned the registration of the trade mark 'Durex' for contraceptive devices and related products. The respondent, Durex Products Inc. of New York, applied on May 28, 1946, to register t...

Supreme Court

Supreme Court Dismisses Employer's Appeal in Industrial Dispute; Domestic Inquiry Lacking Witness Examination Vitiated under Natural Justice, and Tribunal's Caution Requiring Corroboration Consistent with Section 134 of Indian Evidence Act, 1872....

The dispute arose from an incident on January 18, 1956 at Meenglas Tea Estate in Jalpaiguri District, West Bengal, owned by Duncan Brothers Ltd. A group of workmen assaulted the Manager, Mr. Marshall,...

Supreme Court

Supreme Court Upholds Refusal of Stay but Holds Surety Bond Not Enforceable Due to Unfulfilled Conditions. Condition Precedent of Demand by Court and Default by Judgment Debtor Not Met Under Strict Construction of Surety Bond....

The dispute arose from a suit for dissolution of partnership and rendition of accounts filed by Seth Takhatmal against Mulkraj Malhotra in the Court of the First Additional District Judge, Jabalpur. T...

Supreme Court

Supreme Court Allows Pre-emptor's Appeal and Restores Pre-emption Decree After Court's Clerical Error Caused One Rupee Shortfall in Deposit. Court Applies Maxim Actus Curiae Neminem Gravabit to Excuse Litigant and Directs Payment of Deficient One Rupee....

The dispute arose from execution proceedings following a compromise decree for pre-emption passed in favour of the appellant, a pre-emptor, on October 25, 1957, by the Court of Sub-Judge 1st Class, Si...

Supreme Court

Supreme Court Dismisses Probationer's Appeal in Civil Service Termination Case, Holding Discharge During Probation Not Removal or Dismissal Under Article 311(2). Rule 55-B of Civil Services (Classification, Control and Appeal) Rules Was Substantially Complied With Where Grounds for Proposed Termination Were Communicated and Explanation Considered Before Order....

The Supreme Court considered an appeal by a former Programme Assistant whose services were terminated during probation. The appellant was selected on May 3, 1949, for the post of Programme Assistant i...

Supreme Court

Supreme Court Upholds Exemption for Factory Owners from Property Tax on Workers' Welfare Buildings Under Punjab Urban Immovable Property Tax Act, 1940. Buildings Used for Purpose of Factory Include Those Necessary for Efficiency of Workmen, and 'Rent' in Rule 18(4)(ii) Excludes Licensee Payments, Thereby Entitling Owners to Exemption Under Section 4(g) of the Act....

These two appeals by the State of Punjab arose from orders of the Punjab High Court quashing property tax assessments under the Punjab Urban Immovable Property Tax Act, 1940. The first appeal concerne...

Supreme Court

Supreme Court Allows Employer's Appeal in Industrial Dispute Over Termination of Salesman; Sets Aside Labour Court Award Directing Reinstatement. Termination in Form of Discharge Simpliciter Under Company Service Rule 40(1) Held Not Punitive as No Mala Fides or Victimisation Proved; Labour Court's Reasoning Ignoring Documentary Evidence and Leaving Credibility Conflict Undecided Found Unsatisfactory....

The dispute arose from the termination of services of R.K. Banerjee, employed by the Tata Oil Mills Co. Ltd. as a salesman, initially on probation on April 3, 1956, and confirmed on November 5, 1956. ...

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Supreme Court

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Supreme Court Dismisses Opponent's Appeal Against Registration of Identical Trade Mark. Honest Concurrent User and Absence of Likelihood of Confusion Justify Concurrent Registration Under Sections 8(a) and 10(2) of Trade Marks Act, 1940....

Supreme Court Dismisses Employer's Appeal in Industrial Dispute; Domestic Inquiry Lacking Witness Examination Vitiated under Natural Justice, and Tribunal's Caution Requiring Corroboration Consistent with Section 134 of Indian Evidence Act, 1872....

Supreme Court Upholds Refusal of Stay but Holds Surety Bond Not Enforceable Due to Unfulfilled Conditions. Condition Precedent of Demand by Court and Default by Judgment Debtor Not Met Under Strict Construction of Surety Bond....

Supreme Court Allows Pre-emptor's Appeal and Restores Pre-emption Decree After Court's Clerical Error Caused One Rupee Shortfall in Deposit. Court Applies Maxim Actus Curiae Neminem Gravabit to Excuse Litigant and Directs Payment of Deficient One Rupee....

Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

Bombay High Court Dismisses MBBS Student's Writ Petition Seeking Fourth Attempt in Anatomy...

High Court of Bombay Hears Writ Petitions Challenging Tenancy Orders Under Bombay Tenancy ...

Supreme Court Upholds Scrutiny Committee Invalidation of Scheduled Tribe Caste Claim but P...

Supreme Court Allows Homebuyers' Appeal and Waives Time Extension Charges Imposed by Devel...

Supreme Court Dismisses Insurer's and Claimant's Appeals in Motor Accident Death Compensat...

Supreme Court Acquits Accused in Kidnapping and Murder Case Due to Lack of Substantive Evi...

Supreme Court Dismisses Special Leave Petition Against Interim Order in Electricity Act Di...