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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...

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Supreme Court Allows Respondent in Sales Tax Refund Case Under Section 72 Indian Contract Act, 1872. Mistake of Law Covers Voluntary Payment of Tax Later Declared Ultra Vires; Government Must Repay Money Received Under Mistake....

The appeal before the Supreme Court arose from a writ petition filed by the respondent firm under Article 226 of the Constitution seeking refund of sales tax paid on forward transactions in silver bul...

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Supreme Court Upholds Conviction of Accused Persons in Murder Trial Under Section 302/34 IPC and Confirms Death Sentence. Mere Tender of Pardon Under Section 337 CrPC Without Acceptance Does Not Attract Section 339 CrPC Bar on Joint Trial, So Joint Trial Was Not Vitiated....

The case arose from the murder of Malchand Bhadani at Mathabhanga in Cooch Bihar on 18 December 1956. The deceased and his family ran a cloth shop with an annual turnover of Rs.50,000-60,000. On the e...

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Supreme Court Upholds Conviction of Accused in Murder Case Based on Extra-Judicial Confession and Corroborating Circumstantial Evidence. Extra-Judicial Confession to Village Panchayat Authorities Was Voluntary Under Section 24 of Indian Evidence Act, 1872, and Statements of Deceased Sister Were Inadmissible Under Sections 32 and 33....

The appeal arose from a conviction and death sentence for murder under Section 302 of the Indian Penal Code, 1860. The appellant was tried by the Additional Judicial Commissioner of Ranchi and convict...

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Supreme Court Upholds Plaintiff's Ejectment Suit in Patni Land Sale Dispute. Grant of Chaukidari Chakaran Lands Construed as Creating Distinct Patni, Making Sale for Arrears of Rent Valid Under Bengal Patni Taluks Regulation, 1819....

The dispute concerned a mahal of 84 bighas 18 cottas situated in lot Ahiyapur village, part of the permanently settled estate of Burdwan. These lands had been set apart as Chaukidari Chakaran lands, m...

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Supreme Court Dismisses Appeal Against Waqf Board in Limitation and Notice Dispute. Waqf Property Declaration Suit Barred by One-Year Limitation Under Section 5(2) United Provinces Muslims Waqf Act, 1936 and Non-Compliance with Section 53 Notice....

The appeal arose from a suit filed by three of five members of the Waqf Committee of Darga Hazarat Syed Salar Mahsood Ghazi, situated in village Singha Parasi, Bahraich. The appellants sought a declar...

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Supreme Court Dismisses Appeal by Directors in Company Winding Up Prosecution Challenge. Section 179 Order Granting Liberty to Institute Criminal Proceedings Found Sufficient to Authorise Complaint Against Former Directors for Offences Under Indian Penal Code and Companies Act....

The dispute arose from the compulsory winding up of the Bank of Commerce Ltd. by the Calcutta High Court on August 7, 1950. The first appellant was a past director and the second appellant was the man...

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Supreme Court Quashes Conviction of Accused in Bribery Abetment Case for Lack of Special Judge Jurisdiction. Special Judge Lacked Jurisdiction to Try Offence Under Section 165A Indian Penal Code as Case Was Distributed for Non-Existent Offence Under Sections 161/116, and Defect Was Not Curable by Section 529(e) CrPC....

This criminal appeal by special leave arose from the conviction of the appellant by the Special Court, Burdwan, under Section 165A of the Indian Penal Code, 1860, and sentence of six months' rigorous ...

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Supreme Court Upholds Legal Representative in Hindu Joint Family Partition Suit Despite Minor Plaintiff's Death. Suit by Minor for Partition Did Not Abate as Severance of Status Relates Back to Institution and Cause of Action Relates to Property, Not Personal Cause of Action....

The appeal arose out of a partition suit instituted on 2 April 1942 in the Court of the District Munsif, Ongole, on behalf of Kakumanu Ramanna, a Hindu minor aged about two and a half years, by his ma...