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Supreme Court Upholds Liability of Steamer Company as Common Carrier for Feeder Service Goods Loss. Feeder Boat Service on Tributary Held Covered by Public Profession of Common Carrier Under Section 2 of Carriers Act, 1865 Despite Absence of Fixed Rates and Profit....

The dispute arose out of a claim for compensation for the loss of 120 chests of tea entrusted by the respondent, Shyam Sundar Tea Co., Ltd., to the appellant steamer companies, which were joint owners...

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Supreme Court Upholds Adopted Son's Right to Recover Joint Family Property from Collateral Heirs. Adoption by Widow Relates Back to Adoptive Father's Death, Defeasing Title of Collateral Heirs to Coparcenary Property Under Hindu Law....

Background: The dispute involved Hindu joint family property and the rights of an adopted son against collateral heirs. Bandegouda, father of respondent Dhruwaraj, died in 1882 predeceasing his father...

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Supreme Court Partly Allows Revenue Appeal in Excess Profits Tax Act Over Losses from Non-Taxable Territory; Dismisses Revenue Appeal on Income Tax on Concession. Third Proviso to Section 5 of Excess Profits Tax Act, 1940 Deemed Part of Business in Indian State as Separate Business, Precluding Deduction of Losses Against Taxable Profits....

The appeals arose from assessments for the assessment year 1946-47 concerning a Delhi firm engaged in speculative bullion business. The firm had entered into forward transactions, described as hedge t...

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Supreme Court Dismisses Appellant's Challenge in Loan Recovery Suit; Section 54 Income-Tax Act Bars Court from Requiring Production of Assessment Records. Court Holds Prohibition Absolute and Not Waivable by Assessee Under Indian Income-tax Act, 1922 Section 54....

The Supreme Court adjudicated an appeal arising from a money recovery suit where the appellant, a defendant, sought production of income-tax assessment records to prove repayment of a loan. The respon...

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Supreme Court Dismisses State Appeal in Evacuee Property Consolidation Dispute. Quasi-Permanent Allottee's Right to Challenge Scheme Upheld as Consolidation Officer Acted Ultra Vires Under East Punjab Holdings Act, 1948 Section 14 and Displaced Persons Act, 1954 Sections 10 and 12....

This appeal by certificate arose from a writ petition filed by the respondents, members of a joint Hindu family who were evacuees from Pakistan. On March 3, 1950, the Custodian of Evacuee Property all...

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Supreme Court Dismisses Appeal in Arbitration Time Limit Case; Award Made Beyond Four Months from Entering on Reference Held Invalid. Rule 3 of First Schedule to Arbitration Act, 1940 Mandatory; Notice to Act After Arbitrators Entered on Reference Cannot Restart the Four-Month Period When Notice Is Given After Initial Period Expiry....

The dispute concerned the time limit for making an arbitral award under rule 3 of the First Schedule to the Arbitration Act, 1940. The appellant and respondents 1 and 2 were brothers who, along with t...

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Supreme Court Dismisses Appeal in Mining Lease Dispute Over Territorial Jurisdiction of High Court. High Court Lacked Jurisdiction to Quash Union Government's Order Modifying State's Grant, as Union Government Was Outside Its Territorial Jurisdiction....

The dispute concerned the grant of a prospecting licence and subsequent mining lease for manganese ore over an area of 83.18 acres in mouza Seoni Bhondki. The appellant had applied for the prospecting...

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Supreme Court Allows Appeal by Allottees in Evacuee Property Allotment Dispute; Quashes Custodian General's Revisional Cancellation. Quasi-Permanent Rural Allotment Under Amended Rule 14(6) Cannot Be Cancelled for Restitution After July 22, 1952....

The appeal arose from a dispute over quasi-permanent allotments of rural evacuee property in Punjab after the partition. The appellants, Joginder Singh and others, were displaced persons who had recei...

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Supreme Court Dismisses Appeal Against Execution Decree, Holding Objection to Territorial Jurisdiction Waived by Consent to Arbitration. Bombay High Court's Decree Upheld as Challenge in Execution Limited to Inherent Lack of Jurisdiction, Not Territorial Dispute, Under Code of Civil Procedure, 1908 and Letters Patent Clause 12....

The dispute arose from a suit filed by the respondent in the Bombay High Court for recovery of commission in respect of certain share transactions at Agra. The appellant had wished to acquire shares i...