Supreme Court of India Judgements

47020 Judgements hosted as on 04/01/2026 - Search (FREE), Subscribe, Read & Download

Category: Will & Succession

Will & Succession

Joint Hindu Property—Partition—Even separate possession of portion of the property by the co-sharers itself would not lead to a presumption of partition. First Appeal—The appellate court, if it seeks to reverse those findings of fact, must give cogent reasons to demonstrate how the trial court fell into an obvious error.

Apr 9, 2017 sclaw

  2007(2) LAW HERALD (SC) 1237 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. 6198 of…

C P C Will & Succession

Remand of case–Reframing of issue–Additional evidence was required to be adduced upon reframing the issue and having regard to the fact that onus of proof was wrongly placed. Will–Question of validity–Could not be ground for remitting the entire suit to Trial Judge upon setting aside the decree of trial Court.

Apr 6, 2017 sclaw

2007(1) LAW HERALD (SC) 303 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. 5813 of 2006…

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Meritorious reserved category candidates must be considered against unreserved vacancies at the screening stage without availing any concession, prioritizing merit over category bias.

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Direct Taxation Income Tax Act

Income Tax Act, 1961 — Section 37(1) — Revenue Expenditure vs. Capital Expenditure — Non-compete fee — Whether payment of non-compete fee constitutes allowable revenue expenditure or capital expenditure — Non-compete fee is paid to restrain a competitor, which protects or enhances the business profitability and facilitates carrying on the business more efficiently — Such payment neither creates a new asset nor increases the profit-earning apparatus for the payer, meaning the enduring advantage, if any, is not in the capital field — The length of time of the advantage is not determinative if the advantage merely facilitates business operations, leaving fixed assets untouched — Payment of non-compete fee made by the appellant (formed as a joint venture) to L&T (previous partner) to restrain L&T from competing for 7 years was essentially to keep a potential competitor out and ensure the appellant operated more efficiently and profitably, without creating a new capital asset or monopoly — Held: Payment of non-compete fee is an allowable revenue expenditure under Section 37(1) of the Act. (Paras 16, 25-29)

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Evidence Act

Evidence Act, 1872 — Section 118 — Competency of child witness — Effect of delay and tutoring — Although a minor child is competent to testify, the reliability and evidentiary value of testimony given many years after the event, especially when the child has been residing with the complainant’s family (maternal grandparents), is significantly affected by the high possibility of memory distortion and tutoring. (Paras 5, 7, 10.2)

Jan 4, 2026 sclaw