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Supreme Court Upholds High Court Dismissal of State Appeal Against Acquittal Due to Non-Compliance with Certified Copy Requirement Under Section 419 CrPC. Filing of Plain Copy of Judgment Alongside Appeal Petition Did Not Satisfy Mandatory Requirement of Certified Copy, Rendering Appeal Time-Barred When Certified Copy Filed After Limitation Expired....

The Supreme Court considered an appeal by the State of Uttar Pradesh against the Allahabad High Court's dismissal of its appeal against acquittal as time-barred. The respondents had been acquitted by ...

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Supreme Court Allows Transferee to Continue Appeal Under Section 146 CPC Despite Dismissal Under Order 22 Rule 10. Assignee of Mortgaged Property Held Entitled to Be Added as Appellant in Pending Appeal Against Execution Order Based on Transfer Deed Free from Encumbrances....

The dispute arose from a mortgage executed on May 19, 1934 by the second respondent, Sudhir Kumar Mitter, in favour of the first respondent, Sm. Nirmala Sundari Dassi, over two houses in Calcutta. The...

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  • 76
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Supreme Court Upholds High Court's Cancellation of Bail in Bailable Offences Under Section 561A of Code of Criminal Procedure, 1898. High Court's Inherent Power to Secure Ends of Justice Allowed Cancellation of Bail When Accused's Post-Release Conduct Was Prejudicial to Fair Trial, Despite Section 496 Right to Bail....

The Supreme Court considered an appeal by special leave from an order of the Bombay High Court which had cancelled bail granted to an accused in bailable offences. The appellant had been charged under...

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  • 74
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Supreme Court Upholds Excise Appellate Authority in Settlement Dispute, Holding High Court Cannot Quash Error of Fact under Articles 226 and 227. High Court's Interference Set Aside as Without Jurisdiction; Certiorari Not Available for Errors of Fact Apparent on Record, Only for Errors of Law....

The Supreme Court dealt with four civil appeals by special leave arising from writ petitions before the Assam High Court under Articles 226 and 227 of the Constitution. The disputes concerned settleme...

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  • 69
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Supreme Court Upholds Conviction of Police Constables for Corruption and Abetment of Escape from Lawful Custody. The Court Held That a District Magistrate Has Jurisdiction to Tender Pardon Under Section 337 of the Code of Criminal Procedure for Offences Triable by a Special Judge Because the Special Judge Is Deemed a Court of Session Under Section 8(3) of the Criminal Law (Amendment) Act, 1952....

The appeals arose from the conviction of two police constables by the Special Judge of Delhi under Section 120B of the Indian Penal Code, Section 224 read with Section 109 of the Indian Penal Code, an...

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  • 74
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Supreme Court Sets Aside Condition of Security for Leave to Defend in Summary Suit Under Order XXXVII CPC. Court Holds Leave to Defend Must Be Unconditional When Defence Raises Triable Issue, and Failure to Produce Evidence at Leave Stage Does Not Render Defence Vague or Not Bona Fide....

The dispute arose from a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, filed by the plaintiff (respondent) against the defendants (appellants) on the basis of a cheque for Rs. ...

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  • 98
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Supreme Court Dismisses Workmen Appeal in Industrial Disputes Act Case Over Non-Workman Dispute. Section 2(k) of Industrial Disputes Act, 1947 Definition of Industrial Dispute Requires Direct or Substantial Interest in Person Whose Employment Is in Question....

The appeal arose from a dispute between the workmen of Dimakuchi Tea Estate and the management concerning the dismissal of Dr. K.P. Banerjee, an Assistant Medical Officer. The workmen, represented by ...

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  • 110
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Supreme Court Upholds Constitutional Challenge to Labour Welfare Fund Act Regarding Unpaid Wages and Fines. Court Strikes Down Payment of Unpaid Accumulations as Violative of Article 31(2) but Upholds Fines as Valid....

The appellant, Bombay Dyeing & Manufacturing Co., Ltd., a textile manufacturer, challenged the constitutional validity of the Bombay Labour Welfare Fund Act, 1953. The Act constituted a fund for finan...

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Supreme Court Allows Appellant in Terminal Tax Dispute Under Central Provinces and Berar Municipalities Act, 1922 — Holds Goods Merely Passing Through Municipal Limits Not Liable to Export Terminal Tax. Levy Under Section 66(1)(o) Requires Goods to Have Journey Terminus Within the Municipal Area, Not Mere Transit, and Collection of Rs. 240 Was Without Authority....

The dispute arose under Section 66(1)(o) of the Central Provinces and Berar Municipalities Act, 1922, which empowers municipalities to impose a terminal tax on goods imported into or exported from mun...

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Supreme Court Allows Appeal by Government Servant in Service Dismissal Case Due to Violation of Article 311(2) of Constitution of India. Reasonable Opportunity to Show Cause Under Article 311(2) Mandates Second Notice Before Imposition of Dismissal, and Its Absence Renders Dismissal Order Void and Inoperative....

The appellant, a sub-inspector in the Co-operative Societies Department, was dismissed from government service on December 17, 1951, after a departmental enquiry. He challenged the dismissal in a civi...

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