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Supreme Court Allows Appeal in U.P. Sugarcane Cess Act Case — Premises of Factory Not a Local Area Under Entry 52. State Legislation Levying Cess on Entry of Sugarcane into Factory Premises Held Ultra Vires the State Legislature Because 'Local Area' Requires Administration by a Local Body, Not a Private Factory....

The appeal arose from a writ petition filed by a public limited company owning a sugar factory and its director challenging the imposition of cess on the entry of sugarcane into their factory premises...

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Supreme Court Dismisses Appeal with Modification in Income Tax Set-off and Carry Forward Case. Share of Partner in Unregistered Firm Profits Included in Total Income for Rate Purposes Under Sections 14(2) and 16(1)(a) of Indian Income-tax Act, 1922; Losses of Registered Firms Can Be Carried Forward....

The dispute arose under the Indian Income-tax Act, 1922, concerning the computation of total income for assessment years 1948-49 and 1949-50 of three partners who were members of two registered firms ...

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Supreme Court Dismisses Employer's Appeal in Industrial Dispute Over Dismissal of Workmen During Pending Inquiry. Application Under Clause 5(a) of U.P. Government Order Held Not Maintainable When Clause 23 Required Prior Permission from Regional Conciliation Officer....

The dispute arose from the proposed termination of services of certain members of the Watch and Ward Staff of the J.K. Cotton Spinning & Weaving Mills Co., Ltd., due to alleged thefts of dhotis and lo...

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Supreme Court Dismisses Workman's Appeal Against Industrial Tribunal's Award on Representation and Compromise. Union's Espousal of Individual Dispute Precludes Independent Representation Under Sections 2(k) and 36 of Industrial Disputes Act, 1947....

The case involved a workman employed since October 1943 in the Digha factory of a private company. On January 13, 1954, the management served him a charge-sheet alleging anti-union activities under Se...

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Supreme Court Allows Appeal Against Industrial Tribunal Order Refusing Approval for Dismissal of Workmen; Tribunal Exceeded Jurisdiction by Acting as Appellate Court Under Section 6E(2)(b) U.P. Industrial Disputes Act and Section 33(2)(b) Industrial Disputes Act...

The appeal by special leave arose from an award dated February 18, 1958, of the Industrial Tribunal (Textiles) U.P., Allahabad, which rejected three applications filed by the appellant, The Lord Krish...

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Supreme Court Upholds High Court's Certiorari and Authority's Jurisdiction in Payment of Wages Act Dispute. Error of Law Apparent on Face of Record in Misconstruing Agreement Clauses Allows High Court Interference Under Article 226 and Confirms Authority's Exclusive Jurisdiction Under Section 15 of Payment of Wages Act, 1936....

The dispute arose from the employment of three workers at Shri Ambica Mills Co., Ltd., a textile mill in Ahmedabad. The workers, namely Punamchand, Shamaldas, and Vishnuprasad, sought delayed wages un...

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Supreme Court Allows State Appeal in Double Jeopardy Case; Conviction Under Section 409 IPC Does Not Bar Prosecution Under Section 105 Insurance Act. Offences Under Section 409 IPC and Section 105 Insurance Act Are Distinct in Ingredients, So Article 20(2) Constitution and Section 26 General Clauses Act Not Attracted....

The State of Bombay appealed to the Supreme Court against the acquittal of two respondents, S. L. Apte and Miss Dwarkabai Bhat, who were respectively the Managing Director and Managing Director of Wom...

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Supreme Court Upholds Conviction in Riot Case Involving Rival Factions. High Court's Reversal of Acquittal Based on Entire Evidence and Reasons Conforms to Principles in Sheo Swarup Case....

The case arose from a riot between two factions in village Harnawa, Rajasthan, on October 31, 1951, the day after Diwali. One faction consisted of Rajputs and the other of cultivators. There were pre-...

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Supreme Court Upholds Bidi Factory Workers as 'Workers' Under Factories Act, 1948, Entitled to Leave Wages. Piece-Rate Workers Subject to Factory Attendance, Rejection of Substandard Goods, and Removal for Prolonged Absence Are Employees Under Section 2(1), Not Independent Contractors....

The case involved a dispute over the entitlement of bidi factory workers to leave wages under the Factories Act, 1948. The appellant was the manager of a bidi factory in Nagpur, and respondents 2 to 4...