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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 ...

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Supreme Court Upholds Validity of Durgah Khwaja Saheb Act, 1955 Against Khadims' Challenge. Legislative Regulation of Durgah Endowment and Offerings Does Not Violate Denominational Rights Under Articles 25, 26 of Constitution of India....

The Supreme Court heard an appeal by certificate from the judgment of the Rajasthan High Court in a writ petition filed by nine Khadims of the tomb of Khwaja Moin-ud-din Chishti of Ajmer challenging t...

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Supreme Court Upholds State's Demand for Hukamnama in Rajasthan Land Reforms and Resumption of Jagirs Act, 1952. Hukamnama is not 'tribute' under Section 4(a) as it is an ad hoc payment for succession recognition, not a recurring annual charge under Section 2(r)....

The Supreme Court of India adjudicated a writ petition under Article 32 of the Constitution filed by Thakur Bahadur Singh, a jagirdar, against the State of Rajasthan and others. The dispute arose from...

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Supreme Court Upholds Conviction of Ex-Magistrate in Criminal Breach of Trust Case. Court Holds No Previous Sanction Under Section 197 CrPC Needed When Accused Ceased to Be Magistrate Before Cognizance....

The Supreme Court addressed a criminal appeal by special leave against the judgment of the Bombay High Court, which had dismissed a criminal revision application and upheld the conviction of the appel...