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Supreme Court Upholds Right of Co-Occupant to Redeem Mortgage Despite Registered Occupant's Surrender of Occupancy. Surrender Under Section 74 of Bombay Land Revenue Code, 1879 Does Not Affect Non-Surrendering Occupant's Interest Without Authority....

The suit involved redemption of some occupancy lands originally owned and mortgaged by two brothers, S and A, with the khata standing in the name of S as the registered occupant under Section 74 of th...

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Supreme Court Upholds High Court's Interpretation of Factories Act Duty: Occupier's Liability Includes Failure to Prevent Entry into Dangerous Pit. The Court Held That Under Section 36(3) and (4) of the Factories Act, 1948, 'Permitted to Enter' Encompasses a Duty to Prevent Entry, and Safety Apparatus Must Be Immediately Available at the Pit at All Times....

The appeal arose from a prosecution of an occupier of a factory under Section 36(3) and (4) of the Indian Factories Act, 1948, following the death of five workers. The factory contained a pit in which...

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Supreme Court Upholds Validity of States Reorganisation Act, 1956: Formation of Composite Bombay State Without Fresh Reference to State Legislature Upheld. Modification of Bill by Parliament Does Not Require Second Reference Under Proviso to Article 3 of the Constitution of India....

The case arose from a challenge to the constitutional validity of the States Reorganisation Act, 1956. Following the report of the States Reorganisation Commission and the President's recommendation u...

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Supreme Court Upholds Termination of Lease under Madras Estate Abolition Act Due to Post-1945 Grant. Second Proviso to Section 20(1) of Madras Act XXVI of 1948 Renders Lease Void; Third Proviso Inapplicable....

The case involved a dispute over the termination of a lease for state quarries situated in the Venkatagiri Estate, which had been notified under Section 3 of the Madras Estate (Abolition and Conversio...

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Supreme Court Dismisses Assessee's Claim to Treat Compensation as Capital Receipt Under Income Tax Act. Lump sum payment received by managing agent for reduction in remuneration held to be revenue receipt as it was in lieu of future profits and not for loss of managing agency....

The assessee firm, M/s. Godrej & Company, was appointed managing agent of a limited company for thirty years from November 9, 1933, under an agreement dated December 8, 1933. Clauses provided for remu...

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Supreme Court Upholds Act of State Doctrine in Resumption of Property in Junagadh; Resumption by Administrator Before Annexation Held Not Justiciable. Administrator's Order Resuming Immovable Property While Junagadh People Were Aliens Outside the State Deemed Act of State Under Indian Independence Act, 1947, Section 7....

The case arose from a suit filed by the respondent, Memon Haji Ismail Haji, against the State of Junagadh (later substituted by State of Saurashtra) seeking a declaration that an Administrator's order...

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Supreme Court Upholds Conviction of Accused in Prevention of Corruption Act Case for Failing to Account for Goods Received. False Explanation by Servant Held Admissible to Prove Guilty Intent Under Section 5(1)(c) of Prevention of Corruption Act, 1947....

The appellant, an Assistant Store Keeper in the Central Tractor Organisation, Delhi, was convicted under Section 5(1)(c) of the Prevention of Corruption Act, 1947, for misappropriation after he took d...

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Supreme Court Upholds Conviction in Corruption Case Despite Failure of Specific Bribe Charges. Presumption Under Section 5(3) of Prevention of Corruption Act, 1947 Applied for Disproportionate Assets When Explanation Not Satisfactory....

The case involved a criminal appeal by special leave before the Supreme Court against a judgment of the Punjab High Court which had affirmed the conviction of the appellant by the Special Judge, Delhi...

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Supreme Court Upholds Reinstatement Order in Section 33A Complaint as Equivalent to Reference under Section 10 of Industrial Disputes Act, 1947. Industrial Tribunal Possesses Full Powers to Direct Reinstatement on Application Under Section 33A During Pendency of Dispute....

The dispute arose out of the retrenchment of an employee of a jute mill during the pendency of an industrial dispute. The appellant, a jute mill, was a party to a pending industrial dispute before an ...

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Supreme Court Dismisses Hotel Managements' Appeals in Industrial Dispute Over Suspension Wages and Interim Relief. Section 33 of Industrial Disputes Act, 1947 Implies Power to Suspend Without Pay Pending Permission, but Industrial Tribunal Can Grant Interim Relief as Incidental to Main Dispute Under Section 10(4), Limited to Half Wages....

The dispute arose between three Delhi hotels—Imperial Hotel, Maiden's Hotel, and Swiss Hotel—and their workmen represented by the Hotel Workers' Union over conditions of labour. After a strike on ...