Supreme Court

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Supreme Court Allows Appeal of Decree-Holder in Bengal Money-lenders Act Case and Dismisses Borrower's Second Suit for Reopening Decrees as Barred by Res Judicata and Order 2 Rule 2 CPC. Borrower's Abandonment of Claim to Reopen Preliminary and Final Mortgage Decrees in Earlier Suit Under Section 36 of Bengal Money-lenders Act, 1940 Precluded Subsequent Suit for Same Relief....

The dispute arose from a mortgage deed dated April 25, 1930, executed by Anath Nath Mittra to secure repayment of Rs. 2,500 to Haridas Mondal. Mondal filed a mortgage suit in 1937, obtained a prelimin...

Supreme Court

Supreme Court Dismisses Revenue Appeal and Holds Appeal Against Penalty Under Section 46(1) of Income-tax Act Deemed Filed on Date Tax Paid. Expression 'No Appeal Shall Lie' in Proviso to Section 30(1) Means Appeal Not Properly Filed Until Tax Paid, and Appellate Assistant Commissioner Should Consider Condonation of Delay Under Section 30(2)....

The dispute arose from the interpretation of the proviso to Section 30(1) of the Indian Income-tax Act, 1922, which provided that no appeal shall lie against an order under Section 46(1) unless the ta...

Supreme Court

Supreme Court Upholds Maintainability of Joint Family Mortgage Suit by Manager Despite Non-Joinder of Proper Party. Failure to Join Step-Mother as Proper Party Did Not Attract Section 22 of Indian Limitation Act, 1908, as She Was Not a Necessary Party....

The dispute concerned the enforcement of a mortgage deed executed by Bashettappa in favour of Rachappa, manager of a joint Hindu family, and the subsequent acquisition of mortgage rights through court...

Supreme Court

Supreme Court Quashes Resumption of Lambardari Lease as Not Constituting Jagir Under Vindhya Pradesh Abolition of Jagirs and Land Reforms Act, 1952. The Court Holds That 'Ijaredar' in Section 2(1)(c) Means Only Holder of Farm of Land Revenue, Not Lessee with Actual Land Rights....

This case concerned the resumption of jagir lands under the Vindhya Pradesh Abolition of Jagirs and Land Reforms Act, 1952. The appellant, Smt. Padmini Kunwar Ju Sahiba, had been granted a Lambardari ...

Supreme Court

Supreme Court Allows Appeal by Custodian in Evacuee Property Dispute; High Court's Finding that Custodian-General Lacked Revision Power and that Appeals Lay to High Court Set Aside. The Court held that Custodian-General had revisional jurisdiction under Section 27 of Administration of Evacuee Property Act, 1950 over orders passed under prior corresponding state law, and that an order made in a proceeding commenced under Section 8 of first Mysore Act is deemed an order under subsequent central Act, excluding High Court appeal under old Act....

The dispute concerned the status of certain properties under evacuee property legislation. The Custodian of Evacuee Property, Bangalore, had declared the respondents' properties as evacuee property, a...

Supreme Court

Supreme Court Dismisses Appellants in Limitation Execution Proceedings Due to Bar Under Section 7 of Indian Limitation Act, 1908. Court Holds That Karta of Hindu Joint Family Could Give Valid Discharge of Partition Decree Liability by Accepting Possession on Behalf of Minor Sons, So Time Ran From Date of Decree....

The Supreme Court heard a civil appeal arising from execution proceedings in a partition suit. The original suit was filed by two brothers, Jumna Prasad and Devi Prasad, along with two minor sons of J...

Supreme Court

Supreme Court Upholds Government Requisition and Acquisition of Hessian Under Defence of India Rules. Service on Managing Agents Constituted Valid Service on Mills and Acquisition Passed Title Free from Pucca Delivery Order Claims....

In September 1946, during a food shortage, the Government of India entered into an agreement with the President of the Argentine Institute for Promotion of Trade to supply 30,000 tons of hessian in ex...

Supreme Court

Supreme Court Upholds Seller's Liability in Cotton Sale Contract Breach Due to Failure to Prove Adequate Supplier Contracts. Shipment Date 'Not Guaranteed' Condition Interpreted to Excuse Only Delay in Obtaining Import Licence, Which Was Not Present, and Seller Failed to Establish Adequate Contract with Italian Suppliers to Cover the Sale....

The dispute arose from a contract for sale of Italian Staple Fibre Cotton between China Cotton Exporters, an import and export merchant, and Beharilal Ramcharan Cotton Mills Ltd., a cotton spinning an...

Supreme Court

Supreme Court Dismisses State's Appeal and Upholds Quashing of Collector's Stamp Duty Demand Under Indian Stamp Act, 1899. Court Holds Collector Becomes Functus Officio After Giving Opinion Under Section 31 and Cannot Impound Instrument Under Section 33 Absent Production for Evidentiary or Functional Purpose....

The dispute arose when the Collector of Sitapur impounded an instrument and demanded stamp duty and penalty after the respondent had presented the instrument for an opinion on duty under Section 31 of...

Supreme Court

Supreme Court Quashes State Government Notification Extending Bonus Award to Non-Consenting Textile Mill Under Bombay Industrial Relations Act, 1946. Exercise of Power Under Section 114(2) Must Conform to Full Bench Industrial Law and Cannot Direct Bonus Payment Contrary to Available Surplus Principle....

The appeal arose from a challenge by a cotton textile mill in Bombay to a notification issued by the Government of Bombay under Section 114(2) of the Bombay Industrial Relations Act, 1946, extending a...

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Supreme Court

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Supreme Court Upholds Maintainability of Joint Family Mortgage Suit by Manager Despite Non-Joinder of Proper Party. Failure to Join Step-Mother as Proper Party Did Not Attract Section 22 of Indian Limitation Act, 1908, as She Was Not a Necessary Party....

Supreme Court Quashes Resumption of Lambardari Lease as Not Constituting Jagir Under Vindhya Pradesh Abolition of Jagirs and Land Reforms Act, 1952. The Court Holds That 'Ijaredar' in Section 2(1)(c) Means Only Holder of Farm of Land Revenue, Not Lessee with Actual Land Rights....

Supreme Court Upholds Government Requisition and Acquisition of Hessian Under Defence of India Rules. Service on Managing Agents Constituted Valid Service on Mills and Acquisition Passed Title Free from Pucca Delivery Order Claims....

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...