Supreme Court

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Supreme Court Upholds Customs Duty Classification of Gold-Plated Fountain Pens Under Specific Tariff Entry, Dismissing Collector's Appeal. Imported Fountain Pens With Gold-Plated Nibs and Caps Held Classifiable Under Item 45(3) of Indian Tariff Act, 1934, Not General Gold-Plated Articles Entry 61(8), Because Specific Entry Prevails and Assessment Was Manifestly Erroneous....

The dispute arose from the customs classification of imported Sheaffer fountain pens with gold-plated nibs, caps, and clips. The importer held an import licence for fountain pens of not less than Rs. ...

Supreme Court

Supreme Court Upholds State in Assam Land Ceiling Case, Ruling Act Protected by Article 31A. Constitutional validity of Assam Fixation of Ceiling on Land Holding Act, 1957 upheld as agrarian reform; expression 'rights in relation to an estate' under Article 31A(2)(b) includes landholder rights, and Act not colourable legislation....

The Supreme Court dealt with two civil appeals arising from two writ petitions filed in the Assam High Court challenging the constitutional validity of the Assam Fixation of Ceiling on Land Holding Ac...

Supreme Court

Supreme Court Upholds Industrial Tribunal's Gratuity Scheme and Provident Fund Direction in Industrial Dispute. Unit-Based Gratuity Scheme with Ten-Year Minimum Service and Deduction for Financial Loss from Misconduct Upheld Under Industrial Disputes Act, 1947....

The dispute arose between an employer, a garment cleaning works, and its workmen over two demands for gratuity and provident fund. The appropriate government referred these demands for industrial adju...

Supreme Court

Supreme Court Upholds Workman's Claim for Gratuity Under Industrial Award; Unauthorised Absence Does Not Break Continuous Service Unless Abandonment Inferred....

Background: The case involved an industrial dispute between M/s. Jeewanlal (1929) Ltd., Calcutta, and its workmen, arising from the interpretation of a gratuity scheme contained in an industrial award...

Supreme Court

Supreme Court Partly Allows Appeal in Abduction and Ransom Case; Statement Made to Magistrate During Verification Proceedings Not Recorded Under Section 164 CrPC Held Inadmissible but Magistrate's Evidence Based on Memorandum Relevant Under Section 9 Evidence Act. The Court Harmonized Section 164 of the Code of Criminal Procedure, 1898 and Section 9 of the Indian Evidence Act, 1872, holding that the Magistrate's own observations were admissible while the witness's statements were excluded as they were recorded in contravention of the mandatory provision....

The Supreme Court heard a criminal appeal by special leave filed by Deep Chand against the judgment of the High Court of Judicature for Rajasthan dated August 1, 1958, which had confirmed and enhanced...

Supreme Court

Supreme Court Allows Landowner's Appeal on Limitation for Reference Under Land Acquisition Act. Award Not Effective Until Communicated; 'Date of Award' in Proviso to Section 18 Means Communication or Knowledge....

The dispute arose from compulsory acquisition of land belonging to the appellant Raja Harish Chandra Raj Singh in village Beljuri, District Nainital, for a public purpose. Notifications under Sections...

Supreme Court

Supreme Court Upholds President's Modification of Article 81 for Jammu and Kashmir Lok Sabha Elections Under Article 370(1). Constitution (Application to Jammu and Kashmir) Order, 1954, Para 5(c) Valid; Indirect Election by President on State Legislature Recommendation Does Not Exceed Modification Power; Writ Petition Dismissed....

The Supreme Court of India addressed a writ petition under Article 32 of the Constitution challenging the constitutional validity of Para 5(c) of the Constitution (Application to Jammu and Kashmir) Or...

Supreme Court

Supreme Court Upholds State in Motor Spirit Taxation Registration Dispute. Registration Under Section 4(1) of Madras Sales of Motor Spirit Taxation Act, 1939 Held Reasonable to Identify Taxpayers, and Cancellation Under Section 4(6) for Tax Default or Fraudulent Evasion Held a Valid Coercive Revenue Mechanism Not Violative of Article 19(1)(g) of the Constitution....

The Supreme Court of India adjudicated eleven writ petitions filed under Article 32 of the Constitution challenging the constitutional validity of registration and cancellation provisions in motor spi...

Supreme Court

Supreme Court Upholds Validating Act in Municipal Tax Case; Tax Recoverable for Pre-1939 Periods Despite Section 142-A Limit. Government of India Act, 1935 Section 142-A(2) Held Prospective; Governor's Validating Act Not Ultra Vires....

Background: The dispute concerned a tax on the trade of ginning and pressing cotton imposed in 1922 by the Municipal Committee, Khandwa. The appellant, Mst. Jadao Bahuji, was one of the traders affect...

Supreme Court

Supreme Court Holds High Court Possesses Jurisdiction to Extend Time for Furnishing Security Under Order 45 Rule 7 CPC. Amendment by Act 26 of 1920 Did Not Take Away Pre-existing Discretionary Power and Order XII Rule 3 of Supreme Court Rules, 1950 Expressly Permits Further Orders as Justice Requires....

The Supreme Court was seized of an appeal by special leave against an order of the Calcutta High Court cancelling a certificate granted for appeal to the Supreme Court. The appellants had obtained a c...

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Supreme Court

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Supreme Court Upholds Industrial Tribunal's Gratuity Scheme and Provident Fund Direction in Industrial Dispute. Unit-Based Gratuity Scheme with Ten-Year Minimum Service and Deduction for Financial Loss from Misconduct Upheld Under Industrial Disputes Act, 1947....

Supreme Court Upholds Workman's Claim for Gratuity Under Industrial Award; Unauthorised Absence Does Not Break Continuous Service Unless Abandonment Inferred....

Supreme Court Allows Landowner's Appeal on Limitation for Reference Under Land Acquisition Act. Award Not Effective Until Communicated; 'Date of Award' in Proviso to Section 18 Means Communication or Knowledge....

Supreme Court Upholds Validating Act in Municipal Tax Case; Tax Recoverable for Pre-1939 Periods Despite Section 142-A Limit. Government of India Act, 1935 Section 142-A(2) Held Prospective; Governor's Validating Act Not Ultra Vires....

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...