Supreme Court of India Judgements

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Criminal Procedure Code, 1973 — Section 319 — Power to proceed against other persons appearing to be guilty of offence — Application for summoning additional accused — High Court quashed summons issued against them — Whether High Court was justified — Held, no. — Evidence of eyewitnesses, though prima facie, suggested complicity of the applicant, assigning specific role and indicating presence at scene armed with weapon of offence — High Court applied standard of conviction rather than standard of satisfaction required for summoning — Standard for summoning is more than prima facie case but less than conviction — Summoning order restored. Transfer of Property Act, 1882 — Section 106 — Notice terminating tenancy — Service by registered post — Return with endorsement “ND” (Not Delivered) — General Clauses Act, 1897 — Section 27 — Deemed service — High Court set aside ejectment decree solely on ground of “ND” endorsement, misinterpreting deemed service provisions — Supreme Court held High Court erred in not considering Section 27 of GC Act regarding deemed service by registered post. Pension Law — Family Pension — Eligibility of ‘Substitutes’ in Railways — deceased husband of the appellant was appointed as a ‘Substitute Waterman’ and died in harness after serving for 9 years, 8 months, and 26 days — Railways denied family pension on the grounds that his service was not regularized and did not meet the 10-year qualifying period for family pension — Appellant contended that as per Indian Railway Establishment Manual Vol-I, Rule 1515 and Railway Service (Pension) Rules, 1993, especially Rule 75(2)(a), substitutes with continuous service of one year are entitled to family pension. Held, deceased had acquired temporary status and completed more than one year of continuous service, thus eligible for family pension. Hindu Succession Act, 1956 — Section 2(2) — Exclusion of Scheduled Tribes — The Act does not apply to members of Scheduled Tribes unless the Central Government directs otherwise by notification. Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) — Section 18(2) — Conciliation proceedings — Referring time-barred claims — Time-barred claims can be referred to conciliation as the expiry of the limitation period does not extinguish the right to recover the amount, and a settlement agreement reached through conciliation is akin to a contract for repayment of a time-barred debt, recognized under Section 25(3) of the Contract Act
Cr P C

Criminal Procedure Code, 1973 — Section 319 — Power to proceed against other persons appearing to be guilty of offence — Application for summoning additional accused — High Court quashed summons issued against them — Whether High Court was justified — Held, no. — Evidence of eyewitnesses, though prima facie, suggested complicity of the applicant, assigning specific role and indicating presence at scene armed with weapon of offence — High Court applied standard of conviction rather than standard of satisfaction required for summoning — Standard for summoning is more than prima facie case but less than conviction — Summoning order restored.

Jul 20, 2025 sclaw
C P C Property Matters Transfer Of Property Act

Transfer of Property Act, 1882 — Section 106 — Notice terminating tenancy — Service by registered post — Return with endorsement “ND” (Not Delivered) — General Clauses Act, 1897 — Section 27 — Deemed service — High Court set aside ejectment decree solely on ground of “ND” endorsement, misinterpreting deemed service provisions — Supreme Court held High Court erred in not considering Section 27 of GC Act regarding deemed service by registered post.

Jul 20, 2025 sclaw
Criminal Procedure Code, 1973 — Section 319 — Power to proceed against other persons appearing to be guilty of offence — Application for summoning additional accused — High Court quashed summons issued against them — Whether High Court was justified — Held, no. — Evidence of eyewitnesses, though prima facie, suggested complicity of the applicant, assigning specific role and indicating presence at scene armed with weapon of offence — High Court applied standard of conviction rather than standard of satisfaction required for summoning — Standard for summoning is more than prima facie case but less than conviction — Summoning order restored.
Cr P C
Criminal Procedure Code, 1973 — Section 319 — Power to proceed against other persons appearing to be guilty of offence — Application for summoning additional accused — High Court quashed summons issued against them — Whether High Court was justified — Held, no. — Evidence of eyewitnesses, though prima facie, suggested complicity of the applicant, assigning specific role and indicating presence at scene armed with weapon of offence — High Court applied standard of conviction rather than standard of satisfaction required for summoning — Standard for summoning is more than prima facie case but less than conviction — Summoning order restored.
Transfer of Property Act, 1882 — Section 106 — Notice terminating tenancy — Service by registered post — Return with endorsement “ND” (Not Delivered) — General Clauses Act, 1897 — Section 27 — Deemed service — High Court set aside ejectment decree solely on ground of “ND” endorsement, misinterpreting deemed service provisions — Supreme Court held High Court erred in not considering Section 27 of GC Act regarding deemed service by registered post.
C P C Property Matters Transfer Of Property Act
Transfer of Property Act, 1882 — Section 106 — Notice terminating tenancy — Service by registered post — Return with endorsement “ND” (Not Delivered) — General Clauses Act, 1897 — Section 27 — Deemed service — High Court set aside ejectment decree solely on ground of “ND” endorsement, misinterpreting deemed service provisions — Supreme Court held High Court erred in not considering Section 27 of GC Act regarding deemed service by registered post.
Pension Law — Family Pension — Eligibility of ‘Substitutes’ in Railways — deceased husband of the appellant was appointed as a ‘Substitute Waterman’ and died in harness after serving for 9 years, 8 months, and 26 days — Railways denied family pension on the grounds that his service was not regularized and did not meet the 10-year qualifying period for family pension — Appellant contended that as per Indian Railway Establishment Manual Vol-I, Rule 1515 and Railway Service (Pension) Rules, 1993, especially Rule 75(2)(a), substitutes with continuous service of one year are entitled to family pension. Held, deceased had acquired temporary status and completed more than one year of continuous service, thus eligible for family pension.
Pension Railways Act Service
Pension Law — Family Pension — Eligibility of ‘Substitutes’ in Railways — deceased husband of the appellant was appointed as a ‘Substitute Waterman’ and died in harness after serving for 9 years, 8 months, and 26 days — Railways denied family pension on the grounds that his service was not regularized and did not meet the 10-year qualifying period for family pension — Appellant contended that as per Indian Railway Establishment Manual Vol-I, Rule 1515 and Railway Service (Pension) Rules, 1993, especially Rule 75(2)(a), substitutes with continuous service of one year are entitled to family pension. Held, deceased had acquired temporary status and completed more than one year of continuous service, thus eligible for family pension.
Hindu Succession Act, 1956 — Section 2(2) — Exclusion of Scheduled Tribes — The Act does not apply to members of Scheduled Tribes unless the Central Government directs otherwise by notification.
Will & Succession
Hindu Succession Act, 1956 — Section 2(2) — Exclusion of Scheduled Tribes — The Act does not apply to members of Scheduled Tribes unless the Central Government directs otherwise by notification.
Cr P C

Criminal Procedure Code, 1973 — Section 319 — Power to proceed against other persons appearing to be guilty of offence — Application for summoning additional accused — High Court quashed summons issued against them — Whether High Court was justified — Held, no. — Evidence of eyewitnesses, though prima facie, suggested complicity of the applicant, assigning specific role and indicating presence at scene armed with weapon of offence — High Court applied standard of conviction rather than standard of satisfaction required for summoning — Standard for summoning is more than prima facie case but less than conviction — Summoning order restored.

Jul 20, 2025 sclaw

2025 INSC 860 SUPREME COURT OF INDIA DIVISION BENCH SHIV BARAN Vs. STATE OF U.P. AND ANOTHER ( Before : Sanjay Karol and Joymalya Bagchi, JJ. ) Criminal Appeal No.…

C P C Property Matters Transfer Of Property Act

Transfer of Property Act, 1882 — Section 106 — Notice terminating tenancy — Service by registered post — Return with endorsement “ND” (Not Delivered) — General Clauses Act, 1897 — Section 27 — Deemed service — High Court set aside ejectment decree solely on ground of “ND” endorsement, misinterpreting deemed service provisions — Supreme Court held High Court erred in not considering Section 27 of GC Act regarding deemed service by registered post.

Jul 20, 2025 sclaw

2025 INSC 859 SUPREME COURT OF INDIA DIVISION BENCH KRISHNA SWAROOP AGARWAL (DEAD) THR. LR. Vs. ARVIND KUMAR ( Before : Sanjay Karol and Joymalya Bagchi, JJ. ) Civil Appeal…

Service Matters
Pension Railways Act Service

Pension Law — Family Pension — Eligibility of ‘Substitutes’ in Railways — deceased husband of the appellant was appointed as a ‘Substitute Waterman’ and died in harness after serving for 9 years, 8 months, and 26 days — Railways denied family pension on the grounds that his service was not regularized and did not meet the 10-year qualifying period for family pension — Appellant contended that as per Indian Railway Establishment Manual Vol-I, Rule 1515 and Railway Service (Pension) Rules, 1993, especially Rule 75(2)(a), substitutes with continuous service of one year are entitled to family pension. Held, deceased had acquired temporary status and completed more than one year of continuous service, thus eligible for family pension.

Jul 20, 2025 sclaw

2025 INSC 855 SUPREME COURT OF INDIA DIVISION BENCH MALA DEVI Vs. UNION OF INDIA AND OTHERS ( Before : Sanjay Karol and Satish Chandra Sharma, JJ. ) Civil Appeal…

MSMED Act

Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) — Section 18(2) — Conciliation proceedings — Referring time-barred claims — Time-barred claims can be referred to conciliation as the expiry of the limitation period does not extinguish the right to recover the amount, and a settlement agreement reached through conciliation is akin to a contract for repayment of a time-barred debt, recognized under Section 25(3) of the Contract Act

Jul 20, 2025 sclaw

2025 INSC 864 SUPREME COURT OF INDIA DIVISION BENCH M/S SONALI POWER EQUIPMENTS PVT. LTD. Vs. CHAIRMAN, MAHARASHTRA STATE ELECTRICITY BOARD, MUMBAI AND OTHERS ( Before : Pamidighantam Sri Narasimha…

Will & Succession

Succession Act, 1925, Sections 63, 68 — Indian Evidence Act, 1872, Section 68 — Proof of Will — Propounder has to prove due execution and dispel suspicious circumstances — Suspicious circumstances include shaky signature, feeble mind, unfair disposition, propounder benefiting significantly — Absence of reasoned disinheritance of natural heir, especially wife, qualifies as a suspicious circumstance — Such omission raises doubt about free disposing mind of testator.

Jul 20, 2025 sclaw

2025 INSC 866 SUPREME COURT OF INDIA DIVISION BENCH GURDIAL SINGH (DEAD) THROUGH LR Vs. JAGIR KAUR (DEAD) AND ANOTHER ETC ( Before : Sanjay Karol and Joymalya Bagchi, JJ.…

Accident

Motor Vehicles Act, 1988 — Section 10(2)(d) & 2(21) — Driving Licence for Light Motor Vehicle (LMV) — Validity for driving commercial vehicle with Gross Vehicle Weight not exceeding 7500 kg — Driver possessing LMV license can drive transport vehicle up to 7500 kg without additional endorsement — Constitutional Bench decision in Bajaj Alliance General Insurance Co. Ltd. v. Rambha Devi affirmed Mukund Dewangan v. Oriental Insurance Co. Ltd.

Jul 20, 2025 sclaw

2025 INSC 867 SUPREME COURT OF INDIA DIVISION BENCH SUNITA AND OTHERS Vs. UNITED INDIA INSURANCE CO. LTD. AND OTHERS ( Before : Sanjay Karol and Joymalya Bagchi, JJ. )…

Corruption

Prevention of Corruption Act, 1988 — Sections 7, 13(1)(d), 13(2) read with Section 120B of Indian Penal Code, 1860 — Demand and acceptance of bribe — Essential to prove demand and acceptance by public servant — Mere acceptance of illegal gratification without demand is not an offence — Prosecution must prove foundational facts through oral or documentary evidence — Presumption under Section 20 is mandatory and subject to rebuttal; presumption of fact is discretionary — High Court erred in reversing acquittal based on inferences and conjectures, ignoring glaring contradictions in prosecution evidence.

Jul 20, 2025 sclaw

2025 INSC 868 SUPREME COURT OF INDIA DIVISION BENCH M SAMBASIVA RAO Vs. THE STATE OF ANDHRA PRADESH ( Before : Pankaj Mithal and Ahsanuddin Amanullah, JJ. ) Criminal Appeal…

I P C

Penal Code, 1860 — Sections 406 and 420 — Cheating and Criminal Breach of Trust — FIR registered based on a property dispute, with conflicting allegations between FIR and civil suit pleadings — Discrepancies in alleged sale consideration and property descriptions indicate manipulation to create a criminal case out of a civil transaction.

Jul 20, 2025 sclaw

2025 INSC 870 SUPREME COURT OF INDIA DIVISION BENCH MALA CHOUDHARY AND ANOTHER Vs. STATE OF TELANGANA AND ANOTHER ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Criminal…

Constitution

Constitution of India, 1950 — Article 227 — Penal Code, 1860 — Sections 147, 323, 341, 325, 307, 427, 149 — Criminal Procedure Code, 1973 — Sections 439, 439(2) — Supreme Court’s Role and Judicial Restraint — High Courts should generally refrain from passing strictures against judicial officers. Strictures should only be passed in exceptional circumstances and after providing an opportunity to the officer to explain — The proper procedure is to report such matters to the Chief Justice for administrative action — Supreme Court expunged strictures against a judicial officer due to lack of opportunity and reversal of a key judgment cited by the High Court.

Jul 20, 2025 sclaw

2025 INSC 871 SUPREME COURT OF INDIA FULL BENCH KAUSHAL SINGH Vs. THE STATE OF RAJASHTAN ( Before : Vikram Nath, Sanjay Karol and Sandeep Mehta, JJ. ) Criminal Appeal…

You missed

Cr P C

Criminal Procedure Code, 1973 — Section 319 — Power to proceed against other persons appearing to be guilty of offence — Application for summoning additional accused — High Court quashed summons issued against them — Whether High Court was justified — Held, no. — Evidence of eyewitnesses, though prima facie, suggested complicity of the applicant, assigning specific role and indicating presence at scene armed with weapon of offence — High Court applied standard of conviction rather than standard of satisfaction required for summoning — Standard for summoning is more than prima facie case but less than conviction — Summoning order restored.

Jul 20, 2025 sclaw
C P C Property Matters Transfer Of Property Act

Transfer of Property Act, 1882 — Section 106 — Notice terminating tenancy — Service by registered post — Return with endorsement “ND” (Not Delivered) — General Clauses Act, 1897 — Section 27 — Deemed service — High Court set aside ejectment decree solely on ground of “ND” endorsement, misinterpreting deemed service provisions — Supreme Court held High Court erred in not considering Section 27 of GC Act regarding deemed service by registered post.

Jul 20, 2025 sclaw
Pension Railways Act Service

Pension Law — Family Pension — Eligibility of ‘Substitutes’ in Railways — deceased husband of the appellant was appointed as a ‘Substitute Waterman’ and died in harness after serving for 9 years, 8 months, and 26 days — Railways denied family pension on the grounds that his service was not regularized and did not meet the 10-year qualifying period for family pension — Appellant contended that as per Indian Railway Establishment Manual Vol-I, Rule 1515 and Railway Service (Pension) Rules, 1993, especially Rule 75(2)(a), substitutes with continuous service of one year are entitled to family pension. Held, deceased had acquired temporary status and completed more than one year of continuous service, thus eligible for family pension.

Jul 20, 2025 sclaw
Will & Succession

Hindu Succession Act, 1956 — Section 2(2) — Exclusion of Scheduled Tribes — The Act does not apply to members of Scheduled Tribes unless the Central Government directs otherwise by notification.

Jul 20, 2025 sclaw