Supreme Court of India Judgements

47295 Judgements hosted as on 02/08/2026 - Search (FREE), Subscribe @ Rs 99/- for 6 months, sclaw@sclaw.in, WA +91 9417245693.

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…

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…

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Accident

Legal Representatives Can Claim Motor Accident Compensation Even Without Financial Dependency On Deceased

Aug 16, 2026 sclaw
Property Matters Transfer Of Property Act

Execution Of Unregistered Agreement To Sell Does Not Terminate Subsisting Landlord-Tenant Relationship Nor Entitle Tenant To Section 53A TP Act Protection A. Transfer of Property Act, 1882 — Section 111(e) & (f) — Landlord and Tenant — Determination of lease by express or implied surrender — Execution of agreement to sell by landlord in favour of tenant — Effect on jural relationship — Held, mere execution of an agreement to sell between landlord and tenant does not ipso facto determine the subsisting tenancy — Tenancy is determined only when terms of agreement or unequivocal conduct of parties disclose express or implied surrender — Where agreement to sell contained clause for cancellation and restoration of possession in case loan was not sanctioned, existing possession was referable to tenancy and not to agreement to sell — Landlord-tenant relationship continued to subsist.

Aug 16, 2026 sclaw
C P C

Appellate Courts Should Not Remand Cases Under Order 41 Rule 23 CPC As A Matter Of Course When Sufficient Evidence Is Available On Record. A. Civil Procedure Code, 1908 (CPC) — Order 41 Rules 23 and 24 — Power of Appellate Court to remand — Remand of case to Trial Court for framing of additional issues and fresh evidence — Permissibility — High Court remitted suit regarding one item of property for framing issues on whether sale deed was sham, limitation, and possession — Held, remand is not to be adopted as a matter of ordinary course and reflects incorrect exercise of discretion when sufficient evidence is available on record — Issues already framed by Trial Court were comprehensive enough to cover core disputes — Appellate Court is fully empowered to decide issues on merits or admit additional evidence if warranted, rather than remitting matter to cause unnecessary delay — Remand set aside and appeals restored to High Court for fresh disposal on merits.

Aug 16, 2026 sclaw
Customs & Excise

Extended Period Of Limitation Under Proviso To Section 11A, Central Excise Act Cannot Be Invoked When Facts Are Known To Department Without Wilful Suppression A. Central Excise Act, 1944 — Section 35L — Maintainability of appeal before Supreme Court — Preliminary objection raised by Department that appeal does not come under Section 35L as issue had no relation to rate of duty or valuation — Held, issue raised regarding extended period of limitation on ground of non-inclusion of certain costs in assessable value has an inextricable link with valuation of goods for purposes of assessment — Issue raised in show cause notice fundamentally dealt with valuation of goods — Supreme Court declined to relegate matter to High Court after almost a decade of pendency — Preliminary objection rejected.

Aug 16, 2026 sclaw