Supreme Court

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Supreme Court Upholds State of Madras in Commercial Crops Markets Act Case; Statutory Licensing Restrictions on Cotton and Groundnut Trade Are Reasonable. The Court Held That Madras Commercial Crops Markets Act, 1933 and Rules Imposed Reasonable Restrictions Under Article 19(6) of Constitution to Protect Growers from Middlemen Despite Voidness of Collector's Discretion in Section 5(4)(a) and Rule 37....

The Supreme Court of India considered constitutional challenges to the Madras Commercial Crops Markets Act, 1933, and the rules and notifications made thereunder. The appellants, traders dealing in co...

Supreme Court

Supreme Court Upholds Revenue in Excess Profits Tax Deduction Dispute. Managing Agent's Commission on Net Profits Must Be Computed After Deducting Excess Profits Tax as Net Profits Mean Divisible Profits....

The dispute arose in the course of excess profits tax assessment of The Delhi Flour Mills Co. Ltd., which had appointed a firm as its managing agents under an agreement made in 1936. The agreement pro...

Supreme Court

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....

Supreme Court

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...

Supreme Court

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...

Supreme Court

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...

Supreme Court

Supreme Court Upholds Income-tax Department in Reassessment of Interest on Arrears of Rent Under Section 34(1)(b) of Income-tax Act, 1922. The Supreme Court held that 'information' under Section 34(1)(b) of the Indian Income-tax Act, 1922 includes judicial decisions and that 'has escaped assessment' applies even when a return was filed but the Income-tax Officer erroneously omitted taxable interest on arrears of rent....

The case arose from income-tax assessment for the year 1945-46 of Maharaja Bahadur Rama Rajaya Prasad Singh, father of the appellant. The Income-tax Officer, Special Circle, Patna, initially assessed ...

Supreme Court

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...

Supreme Court

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 ...

Supreme Court

Supreme Court Dismisses Appellant in Municipal Executive Officer Appointment Case — Action Under Section 53A Held Administrative, Not Quasi-Judicial. Notification Appointing Executive Officer for 18 Months to Municipal Committee Upheld as Valid Exercise of Power Under C.P. and Berar Municipalities Act, 1922, Despite Allegations of Incompetency and Abuse of Power, While Enquiry Afforded Sufficient Opportunity....

The matter arose from a writ petition filed in the Madhya Pradesh High Court under Article 226 of the Constitution challenging a notification issued by the State Government under Section 53A of the C....

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Supreme Court

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Supreme Court Upholds Revenue in Excess Profits Tax Deduction Dispute. Managing Agent's Commission on Net Profits Must Be Computed After Deducting Excess Profits Tax as Net Profits Mean Divisible Profits....

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....

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....

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....

Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

Bombay High Court Dismisses MBBS Student's Writ Petition Seeking Fourth Attempt in Anatomy...

High Court of Bombay Hears Writ Petitions Challenging Tenancy Orders Under Bombay Tenancy ...

Supreme Court Acquits Appellant in Prevention of Corruption Act Case Due to Absence of Pec...

Supreme Court Modifies High Court Order Appointing Different Arbitrator Under Section 11 o...

Supreme Court Upholds Scrutiny Committee Invalidation of Scheduled Tribe Caste Claim but P...

Supreme Court Allows Homebuyers' Appeal and Waives Time Extension Charges Imposed by Devel...

Supreme Court Dismisses Insurer's and Claimant's Appeals in Motor Accident Death Compensat...