Supreme Court of India Judgements

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Category: Will & Succession

Will & Succession

Urban Land (Ceiling & Regulation) Act, 1976, S.6(ii)-Surplus Area-Right of Legal heirs–Original owner of land died intestate in 1947 leaving behind a widow, two sons and two daughters-Competent authority declared surplus land keeping in view that sons of owner did not contested the said proceedings

Jul 2, 2017 sclaw

2017(1) Law Herald (SC) 524 : 2017 LawHerald.Org 674 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Madan B. Lokur The Hon’ble Mr. Justice Prafulla C. Pant…

Will & Succession

Interpretation of deeds – Release deed – Scope of – Principle for construction of instrument relinquishing the property – Effect of wide language employed in the instrument. It is a well settled rule of interpretation of deeds of release that however wide and general the covenant of release may be, its operation must be restricted to the rights which are in the contemplation or in controversy between the parties and would not cover or comprehend rights which are never in the minds of the parties at that time.

Jun 25, 2017 sclaw

  AIR 1975 SC 895 : (1976) 1 SCC 299 : (1975) 7 UJ 303 SUPREME COURT OF INDIA RAJAGOPAL PILLAI AND ANOTHER — Appellant Vs. PAKKIAM AMMAL AND OTHERS…

Will & Succession

Deceased executed will in favour of wife in respect of all his properties – She became owner of properties and after her death, her nephews would be owner of properties in equal shares – First appellate Court hold that wife was not competent to gift properties in favour of Gurdwara – After her death life estate ceased and plaintiffs would be entitled to recover possession and not entitled to mesne profits – Suit filed by plaintiffs decreed for recovery of possession.

May 14, 2017 sclaw

  AIR 2006 SC 3282 : (2006) 4 CTC 773 : (2006) 8 JT 525 : (2006) 9 SCALE 83 : (2006) 8 SCC 75 : (2006) 5 SCR 799…

Will & Succession

Custom–Karewa Marriage–In case of death of either of the sons or the co-widow, respective share in the property devolves upon the remaining widow, in proportion, by survivorship. Custom–Karewa Marriage–Daughter of the deceased, from earlier husband of the surviving widow, can not claim succession or inheritance or right of reversion in such property. Custom–Karewa Marriage–In matters of succession to deceased’s ancestral property, the widow under Karewa shall be preferred to the collaterals and daughter/s of that person. Custom–Where ‘Customary Law’ is not excluded by the Statutory Law, the former would prevail over the latter.

Apr 30, 2017 sclaw

    IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice R.V. Raveendaran Civil Appeal No. 12395 of 1996 [From the Final…

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POCSO

Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus

Jun 29, 2025 sclaw
Joint Family Property Will & Succession

Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.

Jun 28, 2025 sclaw
Anticipatory Bail Cr P C

Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration.

Jun 28, 2025 sclaw
Cr P C

Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content.

Jun 28, 2025 sclaw