Supreme Court of India Judgements

46810 Judgements hosted as on 20/07/2025 - Search (FREE), Subscribe, Read & Download

Category: Will & Succession

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…

Evidence Act Will & Succession

Admitted facts—Need not be proved—The Court was entitled to draw an inference that the same had been admitted. Partition—Family settlement—Not given its full effect—Finding that by purported settlement deed, joint family property had not been partitioned by meets and bounds—Finding held to be proper.

Apr 14, 2017 sclaw

2007(2) LAW HERALD (SC) 1651 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 7061 of…

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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