Appellate – Additional Evidence – Order 41 Rule 27 CPC – Improper Exercise of Discretion – The appellate court must itself “require” additional evidence due to an inherent lacuna preventing judgment; admission is not justified merely because a party later discovers documents – District Judge allowed extra evidence even before hearing the appeal and without...
Civil Law - Registration Act – Compromise Decree – Requirement of Registration – No Registration Required – A compromise decree modifying terms of earlier pattas and creating a new relationship of under-tenancy between the parties was challenged as inadmissible for want of registration – Held: Though the decree purported to alter lease terms and create new obligations...
Civil Writ - Challenge Constitution to the validity of the Sholapur Spinning and Weaving Company (Emergency Provisions) Act, 1950 - Maintainability – Locus Standi – Article 32 – Company vs Shareholder Rights – Petition Not Maintainable Where Shareholder Challenges Law Affecting Company Alone – An individual shareholder cannot invoke Article 32 to challenge legislation...
Taxation Law - Income Tax – Residence of Hindu Undivided Family – Section 4A(b) of the Income Tax Act – Assessee Held Resident – The appellant, karta of a Hindu Undivided Family domiciled in Ceylon, claimed that the control and management of the family affairs was wholly outside British India – Despite permanent residence in Ceylon, the appellant frequently visited Br...
Commission Agent – Breach of Duty – Failure to Insure Goods – Agent Liable – The appellant, acting as a commission agent, failed to insure 92 bales of goods as per instructions of the respondents – The goods were destroyed in the Bombay Dock explosion – Respondents claimed damages for breach of agency duty – Held: The appellant, having failed to act accord...
Civil Law - Will – Testamentary Construction – Effect of Multiple Contingencies – Appeal arose from a suit for possession by adopted son claiming that life interest given to one daughter (Nagammal) did not carry remainder to the second daughter (Gnanambal) – Held: Provisions of paragraph 5 of the will granting remainder to Gnanambal and her children remained effective despi...
Contempt of Court – Administrative Delay – No Wilful Disobedience – High Court had found the District Magistrate of Bhagalpur guilty of contempt for delay in executing an order to release a detenu – Supreme Court held that since the District Magistrate was away on tour and unaware of the order, he could not be held personally liable – Lack of intention to disobey was ...
Mokarrari Tenancy – Doctrine of Merger – No Coalescence Between Leasehold and Proprietary Interests – Plaintiffs contended that the mokarrari (leasehold) interest of Bisheshwar Dayal Singh merged with his acquired lakhraj (proprietary) interest, thus extinguishing the lease and passing complete title to them through a certificate sale – Held: Merger requires unity of title ...
Specific Performance – Offer and Acceptance – Statement of minimum acceptable price – No concluded contract – Owner’s cable “won’t accept less than Rs. 10,000” held to be a mere statement of lowest price/invitation to offer and not a counter-offer – Plaintiff’s subsequent “confirmation” was only an offer requiring owner’...
Civil Law - Execution Proceedings – Fraud under Section 48(2) CPC – Limitation Extended – Judgment-debtor fraudulently concealed his ownership of the ‘Prabhat’ newspaper to avoid execution of decree – Both Trial Court and High Court found fraud proven – Supreme Court held that the concealment amounted to fraud preventing execution under Section 48(2) CPC &...