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Supreme Court Upholds Protected Tenant in Bombay Tenancy Act Amendment Case, Dismissing Landlord's Appeal. Amendment to Section 34(2-A) Imposes Additional Restrictions on Landlord's Right to Terminate Protected Tenancy, Effective from Date Tenancy Terminates, Not Date of Notice....

The dispute arose under the Bombay Tenancy and Agricultural Lands Act, 1948, as amended by Amending Act No. XXXIII of 1952. The appellant was the landlord, and the respondent was a protected tenant. T...

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Supreme Court Dismisses Writ Petitions in Res Judicata Challenge to Article 32 Maintainability. High Court's dismissal of Article 226 petition on merits barred subsequent Article 32 petition between same parties on same facts and relief under general principle of res judicata....

The Supreme Court of India considered six connected writ petitions under Article 32 of the Constitution, all raising a common preliminary objection of res judicata. The petitioners had earlier filed w...

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Supreme Court Upholds Restriction on Dealer's Refund Claim in Orissa Sales Tax Act, 1947 — Retrospective Amendment Assigns Refund Right to Purchasers. Section 14A of Orissa Sales Tax (Amendment) Act, 1958, Held Not to Violate Article 19(1)(f) as Dealer Lacks Beneficial Interest in Excess Tax Collected and Deposited with State Under Section 9B(3)....

The Orient Paper Mills Ltd., a public limited company with its registered office at Brajrajnagar, Sambalpur, Orissa, was a registered dealer under the Orissa Sales Tax Act, 1947, manufacturing paper a...

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Supreme Court Upholds Deputy Commissioner's Authority in Cotton Cess Assessment Under Indian Cotton Cess Act, 1923. General Clauses Act, 1897 Section 3 and Section 2(11) Define Collector as Chief Officer-in-charge of Revenue Administration, Applying to Deputy Commissioner in Mysore....

The dispute arose from a demand for cotton cess returns made by the Deputy Commissioner, Chitradurga, upon a cotton mill situated in Devanagere, which was originally part of the Indian State of Mysore...

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Supreme Court Dismisses Plaintiff in Hindu Adoption Suit for Lack of Ceremony of Giving and Taking. Declaration of Adoption Fails as Natural Father Merely Sent Boy with Third Party Without Delegating Authority to Give in Adoption Under Hindu Law....

The Supreme Court of India considered an appeal by special leave arising from a civil suit for declaration of adoption under Hindu Law. The dispute traced to a family in Ajmer, where Sujan Singh, anxi...

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Supreme Court Upholds Boundary and Limitation Findings in Coal Mining Encroachment Dispute. Boundary Determined from Lease Map and Suit Held Within Limitation Under Article 48 of Indian Limitation Act, 1908....

The dispute arose between adjoining colliery owners at Kujama. The plaintiffs, who were the respondents in the Supreme Court, held a leasehold interest through a chain of leases dating back to 1894, w...

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Supreme Court Dismisses Writ Petition in Evacuee Property Case as No Fundamental Right Infringement After Final Statutory Determination. Article 32 Petition Fails Because Competent Authority's Decision Under Administration of Evacuee Property Act, 1950 Negatived Existence of Claimed Property Right and Was Not Challenged by Appropriate Remedy....

The Supreme Court considered a writ petition under Article 32 of the Constitution filed by a wife seeking restoration of seven plots of land transferred to her by her husband, which had been declared ...

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Supreme Court Upholds Levy of Surcharge in Income Tax Reassessment Under Finance Act, 1942. Federal Legislature Had Competence Under Government of India Act, 1935 to Impose Surcharge for Central Government Purposes Despite Section 138(1) Proviso (b) Wording 'Federal Purposes'....

The litigation arose from sixteen writ petitions under Article 32 of the Constitution challenging the constitutional validity of surcharge levied on reassessed income. The petitioners were four partne...

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Supreme Court Quashes Order Vesting Entire Property in Custodian Under Evacuee Interest (Separation) Act, 1951 Due to Misapplication of Section 11. Non-Evacuee Co-Sharers' Undivided Shares Cannot Vest as Evacuee Property; Only Determined 4/7th Evacuee Interest is Separable....

The dispute arose from the succession to the properties of Abdul Hai, a Muslim who died in about 1943 leaving three wives and children by each. Some heirs migrated to Pakistan and were declared evacue...

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Supreme Court Upholds Custodian's Declaration of Evacuee Properties in Partnership Dissolution Matter. Transfer by Evacuee Without Good Faith Held Invalid Under Section 40 of Administration of Evacuee Property Act, 1950, and Partnership Assets Vest in Custodian Upon Dissolution....

The Supreme Court heard two appeals by special leave filed by Fazal Bhai Dhala challenging orders of the Custodian-General of Evacuee Property and Deputy Custodian-General declining to interfere with ...