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Supreme Court Upholds Commissioner of Income-tax in Adventure in Nature of Trade Case Involving Share Sale Profits. Finding that Purchase and Sale of 13,74,000 Shares Was Trading Venture Based on Intention to Sell from Outset; Profit Taxable Under Indian Income-tax Act, Section 4(3)(vii)....

The assessee company was incorporated on May 6, 1943, with a paid-up capital of Rs. 20 lakhs, promoted by the Morarka Group and the Bubna Group to acquire the Managing Agency of Apollo Mills Co. Ltd. ...

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Supreme Court Holds Reversion of Officiating Government Servant to Substantive Rank Due to Departmental Inquiry Amounts to Reduction in Rank Under Section 240(3) of Government of India Act, 1935. Order of Reversion Void for Failure to Provide Reasonable Opportunity; Claim for Arrears of Salary Limited to Three Years Under Article 102 of Indian Limitation Act, 1908....

The appeal arose from a suit by a former government servant who had been reverted from an officiating higher post to his substantive rank. The appellant held the rank of Mamlatdar in the First Grade a...

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Supreme Court Dismisses Collector of Customs' Appeal in Sea Customs Act Penalty Recovery Case. Section 193 Enforcement Confined to Officer Who Adjudged Penalty; Central Board of Revenue Not an Officer of Customs....

The appeal arose from an order of the Bombay High Court at Rajkot setting aside warrants of attachment issued by a First Class Magistrate, Jamnagar, for enforcing a customs penalty. The respondent, a ...

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Supreme Court Dismisses Appeal Against Receiver's Summary Possession Order in Civil Procedure Case. Final Decree Silent on Receiver Did Not Discharge Receiver Appointed by Preliminary Decree; Court Empowered Receiver Under Order 40 Rule 1(1)(d) CPC to Recover Leased Mill Without Filing Suit....

The dispute arose from a suit filed by Seth Loonkaran Sethiya, a financier, against Messrs. John & Co. for recovery of money by sale of assets. The John Mills at Agra comprised three spinning mills an...

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Supreme Court Upholds Appellant in Easement Dispute Over Natural Right of Drainage for Periodic Flood Water. Periodic Flood Water from Higher Land Must Be Allowed to Flow Naturally Over Lower Land; Lower Land Owner Cannot Obstruct It by Bunds and Trenches Under Section 7 of Indian Easements Act, 1882....

Background: The dispute concerned obstruction of natural drainage of flood water between adjacent landowners in Vemulavada. The appellant, plaintiff, owned survey no. 159, while respondents 1 and 2 ow...

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Supreme Court Dismisses Appellant in Customary Adoption Dispute Due to Lack of General Treatment as Son. Claim for Inherited Property Fails as Customary Adoption Among Jats of Ludhiana Requires Both Declaration and Subsequent Treatment as Son Under Riwaj-i-am and Article 133 of Constitution....

The dispute concerned succession to the property of Nathu, a blind, unmarried, and issueless Jat of Ludhiana district, who was the last male holder of about 16 bighas of land and a house in village Mo...

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Supreme Court Dismisses Petitioners in Import Control Case — Canalisation of Glass Chatons Through State Trading Corporation Was Reasonable Restriction. Rejection of Import Licences Under Para 6(h) of Imports (Control) Order, 1955 Did Not Violate Article 14 or Articles 19(1)(f) and 19(1)(g) and Did Not Amount to Acquisition Under Article 31....

The Supreme Court of India dealt with a writ petition under Article 32 of the Constitution filed by an association of glass chatons importers and users along with two merchants. The petitioners challe...

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Supreme Court Restrains Sales Tax Authority from Making Best Judgment Assessment Beyond Three-Year Limitation Period. Power Under Section 11(4) of Punjab General Sales Tax Act, 1948 Expires Three Years from End of Each Return Quarter; Notices Issued After That Period Were Rendered Futile....

The Supreme Court dealt with a writ petition under Article 32 of the Constitution challenging the jurisdiction of sales tax authorities to make a best judgment assessment after the expiry of the statu...

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Supreme Court Dismisses State's Appeal Against Decree in Arbitration Award Dispute, Upholding Validity of Arbitration Agreement and Stamped Award. Specific Ad Hoc Authorisation by Secretary Satisfied Section 175(3) of Government of India Act, 1935, and Award Filed in Court Was Original, Validated Under Section 35 of Indian Stamp Act, 1899....

The dispute arose between the Government of Bihar and M/s. Karam Chand Thapar & Brothers Ltd., a building contractor company, over bills for construction works at Ranchi, including aerodrome, hangaret...