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Supreme Court Upholds Dismissal of Appeal by Minor Defendants in Partition Suit Under Order 32 Rule 7 CPC. Consent Preliminary Decree Against Minors Without Court Leave Held Voidable, Not Nullity, and Cannot Be Challenged in Final Decree Appeal Under Section 97 CPC....

The appeal arose from a partition suit filed by Baij Nath against his coparceners. After remand from the Lahore High Court which set aside an earlier consent preliminary decree for non-joinder, the pa...

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Supreme Court Dismisses Appellants' Claim for Partition Over Properties Inherited by Hindu Female as Limited Owner. Hindu Female's Limited Estate Cannot Be Blended into Husband's Joint Family Property; Court Holds Owner Must Intend to Extinguish Separate Title Before Blending Rule Applies....

Background — The dispute arose out of a suit for partition filed by two brothers, Mallesappa and Chenna Basappa, appellants, against their uncle, Mallappa, respondent 1, and granduncle, Honnappa, re...

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Supreme Court Dismisses Appeals in Arbitration Remand Order Case Due to Lack of Final Order Under Article 133 of Constitution. Certificate of Fitness Vacated Because High Court's Remand Under Section 151 of Code of Civil Procedure, 1908 Was Not a Judgment, Decree or Final Order, and No Substantial Question of Law Arose....

The appeals before the Supreme Court arose from three arbitration awards under contracts for supply of stone ballast between M/s. Jethanand & Sons and the State of Uttar Pradesh. The contracts contain...

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Supreme Court Upholds Municipal Levy of Octroi on Raw Cotton and Wool Despite Procedural Irregularities. Technical Defects in Notice Validated Under Section 38 of City of Bangalore Municipal Corporation Act, 1949; Resolution Specifying Goods and Rate After Objections Amounts to Substantial Compliance....

The appeals arose from two writ petitions filed under Article 226 of the Constitution challenging the legality of imposition of octroi on wool and cotton by the Corporation of the City of Bangalore un...

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Supreme Court Upholds Customs Penalty Exceeding Rs. 1,000 Under Sea Customs Act, 1878. Alternative Penalty Provision in Section 167 Item 8 Allows Penalty Up to Three Times Value of Prohibited Goods, Not Capped at Rs. 1,000....

This case involved a constitutional petition under Article 32 of the Constitution and a criminal appeal by special leave against a judgment of the Bombay High Court. The petitioner in the writ petitio...

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Supreme Court Allows Revenue Appeal in Income Tax Matter Concerning Foreign Income Remittance. Remittance of Foreign Income to Taxable Territory by Resident Assessee Held Taxable Under Section 4(1)(b)(iii) of Income-tax Act, 1922 Even if Not First Receipt....

The dispute concerned the taxability of foreign income brought into British India by a resident assessee under Section 4(1)(b)(iii) of the Income-tax Act, 1922. The assessee, resident in British India...

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Supreme Court Allows Appeal by State in Land Revenue Eviction Case, Holding Eviction Includes Demolition of Unauthorised Structures. Collector's Power Under Section 66 of Bombay Land Revenue Code, 1879 to Evict Occupant From Unalienated Agricultural Land Encompasses Removal of Unauthorised Buildings, So No Damages Are Payable....

The dispute arose from the occupation of unalienated agricultural land, Survey No. 145, Hissa No. 2, at Mahad in Colaba district. The respondent was the occupant of this land. The Bombay Land Revenue ...

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Supreme Court Partly Allows Appellants in Land Acquisition Compensation Dispute Over Cis-Sutlej Jagir Lands. Court Holds Inalienable Jagir Lands Give Reversioners Right to Share in Compensation and Interest at 4% from Date of Possession Under East Punjab Act 1948 and Land Acquisition Act 1894....

The dispute arose from compulsory acquisition of lands in four villages—Mataur, Dhirpur, Saneta, and Giddarpur in Ambala District—which formed part of a Cis-Sutlej Jagir known as Singh Purian. The...