Search Results for "1955"

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Supreme Court Upholds Constitutionality of U.P. Consolidation of Holdings Act, Holding Procedure Not Discriminatory or Arbitrary. Provisions for Correction of Revenue Records and Consolidation Powers Not Violative of Articles 14 and 31(2) of the Constitution.

The proceedings concerned a challenge to the constitutional validity of the U.P. Consolidation of Holdings Act (U.P. V of 1954) as amended by Act No. ...

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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, 1...

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Supreme Court Upholds Appellant in Income Tax Act Case Regarding Exemption for Charitable Trust Income from Managing Agency Business. Managing Agency Business Held to be Property and Income Therefrom Exempt Under Section 4(3)(i) of Indian Income-tax Act, 1922, Despite Revenue's Objections.

The Supreme Court considered an appeal by J.K. Trust, Bombay, against the Commissioner of Income-tax/Excess Profits Tax, Bombay, concerning the taxabi...

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Supreme Court Dismisses State's Appeal, Upholds High Court Quashing of Dismissal Order of Head Constable for Violation of Natural Justice. Presiding Officer's Dual Role as Witness Renders Inquiry Void, Certiorari Available Despite Existence of Alternative Remedy.

The State of Uttar Pradesh appealed against a High Court order quashing the dismissal of Mohammad Nooh, a Head Constable. Nooh was dismissed after a d...

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Supreme Court Upholds Surety's Discharge Under Section 141 of Indian Contract Act When Creditor Parts with Security. Surety Discharged as State Lost Security by Allowing Removal of Forest Produce Without Full Payment, Extinguishing Subrogation Rights.

The dispute arose from a forest contract auction conducted by the Divisional Forest Officer, Hoshangabad Division, for the sale of felled trees. One J...

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Supreme Court Reverses High Court's Order for Accounts; Holds Export Transactions as Sales Not Agency. Distinction Between Sale and Agency Clarified Under Indian Contract Act, 1872, Based on Contractual Terms and Course of Dealing.

The dispute arose between a trader in hides and skins (respondent) and an exporter (appellant) over the nature of their contractual relationship durin...

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Supreme Court Allows Agent's Suit for Accounts Against Principal in Case Involving Promissory Note. Oral Agreement to Defer Enforcement of Promissory Note Until Accounting Held Provable as Condition Precedent Under Section 92 of Indian Evidence Act, 1872.

The litigation arose out of a dispute between an agent and his principals. The agent sued the principals for rendition of accounts for the period of h...

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Supreme Court Upholds Assessee's Right to Carry Forward Loss as Vocation Income Under Income-tax Act, 1922. Hold that Decision on Loss in Previous Year Not Binding on Subsequent Year's Officer Under Section 24(2).

The assessee, Manmohandas, was appointed as Treasurer of a Bank in respect of certain branches, sub-agencies, and pay offices. During the previous yea...