Supreme Court

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Supreme Court Holds Breaking Mud Image of God Ganesa May Constitute Offence Under Section 295 IPC, But Declines Further Enquiry Due to Lapse of Time. Court Rules 'Any Object Held Sacred by Any Class of Persons' Includes Objects Regarded as Sacred Beyond Temple Idols, Emphasizing Respect for Religious Susceptibilities....

The Supreme Court of India considered an appeal by special leave against the dismissal of a criminal complaint under Section 203 of the Code of Criminal Procedure. The appellant, a Saivite Hindu, had ...

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Supreme Court Dismisses Appellant in Arbitration Appeal Under Defence of India Act, 1939 for Maintainability. Decision of High Court in Appeal from Arbitrator's Award Held to Be an Award, Not Judgment, Decree or Order Under Sections 109 and 110 of Code of Civil Procedure, 1908....

The appeals before the Supreme Court arose from arbitration proceedings under the Defence of India Act, 1939. The Central Government, in exercise of powers under Rule 75(A) of the Defence of India Rul...

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Supreme Court Upholds Industrial Tribunal in Industrial Disputes Act Case Because Government Cannot Supersede Pending Reference. Section 10(1) of Industrial Disputes Act, 1947, Lacks Power to Cancel or Supersede Reference, and Section 21 of General Clauses Act, 1897, Does Not Apply....

The case before the Supreme Court concerned the power of the State Government to supersede a pending industrial dispute reference under the Industrial Disputes Act, 1947. The dispute arose between the...

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Supreme Court Upholds Returning Officer's Rejection of Hereditary Village Officers' Nominations in Election Dispute. Hereditary Patels and Shanbhogs Are Holders of Offices of Profit Under Government Under Article 191 of Constitution and Section 100(1)(c) of Representation of People Act, 1951....

The dispute arose from an election held on March 8, 1957, for the Mysore State Legislative Assembly from the Harihar constituency. Three candidates, Hanumanthappa, Siddappa, and Guru Rao, filed nomina...

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Supreme Court Dismisses Appeal Against Conviction for Possession and Transport of Opium Under Opium Act, 1878. Possession and Transport Are Distinct Offences, and Consecutive Sentences Totalling Six Months Do Not Violate Section 71 of the Indian Penal Code When the Maximum for One Offence Is One Year....

The Supreme Court considered a criminal appeal by special leave against the concurrent conviction of the appellant under the Opium Act, 1878 for both possession and transport of opium. The appellant w...

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Supreme Court Dismisses Appeal Against Conviction for Conspiracy to Bribe Public Servant, Holding Co-Conspirator's Statement Admissible Under Section 10, Indian Evidence Act, 1872, Even After Payment. Prior Meeting and Offer Provided Sufficient Evidence of Conspiracy to Frame Charge Under Section 120B Read with Section 165A, Indian Penal Code, 1860....

The appeal arose from the conviction of two appellants by the courts below for offences under Section 120B read with Section 165A of the Indian Penal Code, 1860, for conspiracy to bribe a public serva...

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Supreme Court Upholds Transaction as Mortgage and Denies Rendition of Accounts in Transfer of Property Act Case. Arrangement with Debt and Security for Repayment Classified as Mortgage Under Section 58, and Receipts in Lieu of Interest Contract Exempts Mortgagee from Liability to Account Under Section 77....

The dispute arose from a document executed by the original owner (mortgagor) hypothecating an eight annas share in a village to secure a debt of Rs. 29,496 owed to the predecessor-in-interest of the a...

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Supreme Court Dismisses Appeal on Customary Law Succession; Property Inherited from Maternal Grandfather Held Not Ancestral. Punjab Customary Law Declares That a Hindu Male’s Inheritance from His Maternal Grandfather Is Not Ancestral Qua His Sons, and Alienation Does Not Require Legal Necessity....

The dispute concerns the nature of property inherited by a Hindu male from his maternal grandfather under the customary law prevailing in Punjab. The appellant, Maktul, was the son of Sarup (responden...

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Supreme Court Upholds Addition of Wife and Son as Defendants in Declaratory Suit Concerning Marital Status. Court Rules That Order 1 Rule 10(2) CPC Permits Addition of Parties with Potential Interest in Controversy to Effectually Adjudicate Marriage Declaration and Prevent Collusive Decree....

The appeal arose from a declaratory suit instituted by the appellant against the third respondent, the second son of the Nizam of Hyderabad, seeking a declaration that she was his lawfully married wif...