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Supreme Court Dismisses Reversioners' Appeal in Hindu Succession Dispute Over Sudra Illegitimate Son's Share. Illegitimate Son of Sudra Held Entitled to Succeed to Widow's Half Share in Self-Acquired Property, Affirming Status as Son Under Mitakshara....

The Supreme Court of India dealt with a Hindu succession dispute concerning the self-acquired estate of Raja Ajit Singh, a Sudra, who died on January 2, 1910, leaving behind two widows, Rani Khuman Ku...

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Supreme Court Upholds Appellant in Pre-emption Act Matter Due to Withdrawal of Deposit Not Constituting Acceptance of Decree. Statutory Right of Appeal Cannot Be Lost Merely by Taking Advantage of Opponent's Compliance Under Decree, as Pre-emption Price Is Compensation Not Benefit....

The dispute arose in a pre-emption suit concerning property in Vindhya Pradesh governed by the Rewa State Pre-emption Act, 1949. The plaintiff-respondent (pre-emptor) sought enforcement of right of pr...

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Supreme Court Upholds Compulsory Retirement of Railway Clerk in Railway Establishment Code Case Due to Absence of Legal Right to Continuation Beyond 55 Years. Rule 2046(2)(a) Merely Gives Discretion to Retain Efficient Ministerial Employee Between 55 and 60, Not a Mandatory Right....

Background: The litigation arose from the compulsory retirement of a railway clerk employed by the East Indian Railways. The employee challenged his retirement at the age of 55, claiming a legal right...

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Supreme Court Dismisses Appeal by Displaced Persons Against Custodian's Order. Custodian General Ceases to Have Power to Cancel Quasi-Permanent Allotments After Notification Under Section 12(1) of Displaced Persons (Compensation and Rehabilitation) Act, 1954....

(1) Background: The dispute concerned quasi-permanent allotments of agricultural land in Punjab made to displaced persons from West Pakistan under the Administration of Evacuee Property Act, 1950. The...

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Supreme Court Upholds Commissioner of Sales Tax in Sales Tax Security Demand Challenge. Section 8A of Bengal Finance (Sales Tax) (Delhi Amendment) Act, 1956, Confers Guided Power to Demand Security for Proper Realisation of Tax and Does Not Require Oral Hearing Before Commissioner When Written Explanation Was Considered....

The petitioners, a firm of commission agents in Delhi, challenged the constitutional validity of Section 8A of the Bengal Finance (Sales Tax) Act, 1941, as inserted by the Bengal Finance (Sales Tax) (...

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Supreme Court Upholds Mortgagor's Right of Redemption in Mortgage Dispute Where Mortgagee Purchased Property Through Own Default. Defaulting Mortgagee in Possession Could Not Extinguish Equity of Redemption; Purchase Held in Trust for Mortgagor Under Section 90 of Indian Trusts Act, 1882....

The dispute arose from a usufructuary mortgage executed on June 2, 1928 by Priyanath Sasmal in favour of Lakshminarayan Pani, father of the appellants, for Rs. 1,500 over land originally purchased fro...

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Supreme Court Upholds Custodian-General's Revisional Power to Cancel Evacuee Property Allotments; Revision Petition Not Time-Barred. Allotment Cancellation Upheld as Within Revisional Powers under Section 27 and Rule 14(6) Second Proviso of Administration of Evacuee Property Act, 1950....

The dispute arose under the Administration of Evacuee Property Act, 1950, concerning agricultural land allotments in village Kharwan, District Ambala, to displaced persons from West Pakistan. Dewan Ch...

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Supreme Court Upholds Taxpayer in Municipal House Tax Dispute; Rule Based on Floor Area Held Ultra Vires. Annual Letting Value Must Be Based on Hypothetical Rent or Capital Value Under Bombay Municipal Boroughs Act, 1925....

The dispute concerned the validity of Rule 2C framed by the Barsi Borough Municipality under the Bombay Municipal Boroughs Act, 1925, for levy of house tax and water tax on mills and factories. The ap...

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Supreme Court Dismisses Dealer's Writ Petition Challenging Sales Tax on Intrastate Purchases Under Orissa Sales Tax Act. Court Holds That Purchase Inside State for Subsequent Sale Outside State Is Not Inter-State Trade Absent Transport of Goods Under Same Contract and Tax Is Valid Under Section 5(2)(a)(ii)....

The Supreme Court of India considered a writ petition under Article 32 of the Constitution filed by Endupuri Narasimham and Son, a joint Hindu family firm carrying on business at Berhampur in Orissa a...