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Supreme Court Allows Defendant in Contract Damages Case Due to Failure to Prove Kanpur Market Price. In a sale of goods contract deliverable f.o.r. Kanpur, damages for breach could not be assessed on Calcutta market rate absent evidence of special circumstances; buyer's claim failed for lack of proof of Kanpur rate under Section 73 of Indian Contract Act, 1872....

This civil appeal before the Supreme Court of India arose from a contract for the sale of canvas between two firms. The respondent-plaintiff firm had entered into an agreement with the appellant-defen...

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Supreme Court Upholds Conviction of Accused Persons in Murder and Criminal Trespass Case for Forcing Carts Through Private Field. Common Object Inferred from Armed Group's Agreed Use of Weapons and Alternative Shorter Route Rejected, Making All Members Liable Under Section 149 IPC for Death Caused by Concerted Acts Under Section 302 IPC....

The appeal arose from a criminal trial concerning a violent clash during forcible passage of sugarcane-laden carts through a private field. The appellants, four persons along with three others, were a...

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Supreme Court Upholds State Tax Assessment in Inter-State Sales Validation Case. The Court held that Section 2 of the Sales Tax Laws Validation Act, 1956 removed the constitutional bar under Article 286(2), validating the State levy under the Madras General Sales Tax Act, 1939....

The dispute concerned the sales tax liability of a manufacturer with its factory in Ennore, Madras, for the assessment year 1952-53. The assessee manufactured, assembled, and sold motor vehicles and s...

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Supreme Court Upholds Respondent in Jagir and Lease Dispute Concerning Village Timmapet. Claim of Permanent Lease by Adverse Possession Fails; Jagir Grants Presumed Life-Time Unless Grant Shows Otherwise....

This civil appeal arose from a suit filed in 1920 by the respondent against the appellants concerning village Timmapet in the former Hyderabad State. The respondent claimed that the village had been g...

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Supreme Court Dismisses Appeal in Suit Against Government for Defective Notice Under Section 80 CPC. Notice Issued by Sole Proprietor in Business Name Held Invalid Because Sole Proprietorship Cannot Sue or Give Notice in That Name Under Section 80 of Code of Civil Procedure, 1908....

The appeal arose from a suit filed by S. N. Dutt, sole proprietor of the business styled S. N. Dutt & Co., against the Union of India claiming damages for loss caused by the alleged negligence and mis...

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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...