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Supreme Court Upholds Appellant in Election Recrimination Case; Tribunal Cannot Permit Abandonment of Seat Claim Under Order 23 Rule 1 CPC. Right of Recrimination Under Section 97 of Representation of the People Act, 1951 Accrues Immediately Upon Filing Election Petition Claiming Seat and Cannot Be Defeated by Withdrawal or Abandonment....

An appeal under Article 136 of the Constitution arose from an order of the Election Tribunal, Dharwar, in Election Petition No. 52 of 1957. The dispute concerned the Mysore Legislative Assembly electi...

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Supreme Court Dismisses Mortgagor's Appeal in Mortgage Redemption Dispute Over 85-Year Non-Redeemable Term. Section 60 of Transfer of Property Act, 1882 Does Not Void a Fair Postponement of Redemption, but Invalidates a Forfeiture Clause Taking Away the Right to Redeem....

The dispute concerned a mortgage dated August 1, 1899, created by Purshottamdas in favour of Dhanrupmal over a four-roomed shop in Ajmer. The mortgage was usufructuary for Rs. 6,300, with Rs. 5,750 le...

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Supreme Court Upholds Plaintiff in Redemption Suit Under Sangli State Agriculturists Protection Act, 1936 by Applying Article 148 of Limitation Act Instead of Article 134. Execution Sale Not Binding on Plaintiff as Wrong Legal Representative Was Substituted; Unregistered Partition Documents Admissible for Proving Severance of Joint Status....

The dispute concerned a suit for redemption of mortgages and possession of mortgaged lands filed under the Sangli State Agriculturists Protection Act, 1936. The plaintiff, an agriculturist, sought acc...

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Supreme Court Upholds Conviction of Accused in Murder Case Under Section 302 IPC Despite Omission of Section 34 in Charge; Common Intention Established from Joint Attack and Preconcert. Conviction Under Section 302/34 Permissible When Accused Had Notice of Collective Liability and No Prejudice Shown....

The Supreme Court of India adjudicated a criminal appeal arising from the conviction of three appellants under Section 302 of the Indian Penal Code, 1860, for the murder of one Anne Gowda. The case or...

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Supreme Court Upholds Company in Standing Orders Termination Dispute; Employee Not Excluded Due to Missing Ticket. Definition of Employee Under Standing Order No.2(a) Includes Personnel Without Tickets, and Termination Under Standing Order No.16(1) Is Valid....

The dispute arose from the termination of employment of a Deputy Head Clerk by the Nagpur Electric Light and Power Company. The employee challenged the orders of suspension and termination by way of a...

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Supreme Court Quashes Assessment Against Building Contractors in Sales Tax Case: Supply of Materials in Works Contract Not a Taxable Sale. Entry 48, List II of Government of India Act, 1935 Did Not Authorize Tax on Building Contractors as No Sale of Goods Occurred Under the Contract....

The Supreme Court considered a petition under Article 32 of the Constitution filed by a firm of building contractors, M/s. Peare Lal Hari Singh, challenging the legality of sales tax assessment procee...

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Supreme Court Upholds Sales Tax on Building Contractors in Delhi Under Extended Bengal Finance (Sales Tax) Act. Imposition of Tax on Supply of Materials in Construction Contracts Held Valid as Parliament's Power for Part C States Under Article 246(4)....

The judgment concerned writ petitions under Article 32 of the Constitution filed by building contractors carrying on business in Delhi, which had become a Part C State under the Constitution and was a...

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Supreme Court Quashes Executive Council's Order Directing Reinstatement of Principal. The University's Executive Council Lacked Jurisdiction to Interfere with Dismissal of a College Principal Because the Act and Statutes Distinguish Principal from Teacher Under Gauhati University Act, 1947....

This appeal by special leave arose from a judgment of the Assam High Court dismissing a writ petition under Article 226 of the Constitution filed by the Governing Body of Guru Charan College, Silchar,...

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Supreme Court Allows Appeals by Contractors in Sales Tax Case, Invalidating Tax on Supply of Materials in Building Contracts. Provincial Legislature Lacked Power Under Entry 48 of Government of India Act, 1935 to Tax Building Materials as Sale; Exemption Notification Withdrawal Upheld....

The appeals arose from writ petitions filed before the Nagpur High Court challenging the constitutional validity of certain provisions of the Central Provinces and Berar Sales Tax Act, 1947, which sou...