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Supreme Court Upholds Income Tax Department's Assessment of Cloth Distribution Profits as Business Income Not Exempt Under Income-tax Act. Profits Arising from Cloth Distribution Scheme Financed and Worked by Assessees Held Taxable as Business Income, Not Exempt Under Section 4(3)(i-a) of the Indian Income-tax Act, 1922 as it was not a charitable institution....

This appeal by special leave before the Supreme Court concerned the taxability of profits derived from a cloth distribution scheme devised by the Deputy Commissioner of Amraoti. The assessees, Messrs....

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Supreme Court Dismisses Assessee's Appeal Against Inclusion of Interest Credits as Taxable Income Under Section 4(1)(a) of Income-tax Act, 1922. Mercantile System Credit Entries for Interest from Own Shop in Native State Treated as Income Received in British India....

The assessee, ordinarily resident in British India, carried on business at Khurja and Aligarh in India and at Chistian in the Indian State of Bahawalpur. He maintained a central set of accounts at Khu...

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Supreme Court Upholds Legal Representative's Right to Continue Criminal Revision in Cheating Conviction Despite Death of Convict. High Court's Order Limiting Revisional Jurisdiction to Sentence of Fine Set Aside as Section 431 of Code of Criminal Procedure, 1898 Does Not Apply to Revisions Under Section 439....

The appeal arose from a criminal revision pending before the Calcutta High Court. The original accused, Sailendra Sundar Mitra, was an employee of B.N. Railway, tried for cheating under Section 420 of...

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Supreme Court Upholds Legatees in Dispute over Jointly Executed Will, Holding No Survivorship for Executant. Testamentary Disposition by Three Executants Treated as Three Wills, Each Bequeathing Own Property; Legatees Entitled on Each Death as Tenants-in-Common, Not Joint Tenants....

The litigation concerned the construction of a will dated February 10, 1906, executed jointly by three persons—Kunhan Kaimal, Kesavan Kaimal, and Theyi Amma—who held movable and immovable properti...

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Supreme Court Allows Appeal in Election Petition and Dismisses Election Petition. Returned Candidate's Election Upheld as Corrupt Practice Not Proved and Nomination Rejection Held Proper Under Sections 46, 33(5), 36(2)(b) and 123(7)(c) of Representation of the People Act, 1951....

The case concerned an election petition filed by the first respondent before the Election Tribunal challenging the election of the appellant from the Rajaund constituency in the Karnal District to the...

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Supreme Court Allows Appellant in Liquor License Writ Petition Due to Non-Production of Records and Absence of Valid Order by Competent Authority. Certiorari Proceedings Require Inferior Tribunal to Produce Entire Records; Letter by Under Secretary Cannot Attract Article 166 Presumption Without Being in Name of Chief Commissioner....

The dispute arose from an unsuccessful application by a firm of liquor dealers for a license to vend foreign liquor in New Delhi for the year 1954-1955. The firm, which had held liquor licenses since ...

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Supreme Court Sets Aside High Court Order Holding Contempt Jurisdiction Ousted Under Section 3(2). The Court ruled that allegations of criminal conspiracy and bribery against a Magistrate scandalised the court itself and were more than mere personal insult, so High Court jurisdiction was not barred by Section 3(2) of Contempt of Courts Act, 1952....

The Supreme Court of India considered an appeal by special leave from an order of the Madhya Bharat High Court in a contempt matter. The dispute arose when the respondent, Revashankar, who had filed a...

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Supreme Court Upholds Sale of Joint Family Property for Father's Negligence Debt Under Pious Obligation Doctrine. Non-Avyavaharika Debt Determined by Moral Repugnance; Partition Does Not Extinguish Son's Liability for Pre-Partition Debts Under Hindu Law and Section 155 of Bombay Land Revenue Code, 1879....

The dispute arose from an auction sale of a joint family bungalow in execution of a payment order against M. B. Jakati, the managing director of Dharwar Urban Co-operative Bank Limited, who was held l...