Supreme Court of India Judgements

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Category: Will & Succession

Will & Succession

Will can be proved by examining at least one witness–Alongwith it has to be shown that it was free from suspicious circumstances–Transfer of Property Act, 1882, Section 3–Evidence Act, 1872, Section 68–Succession Act, 1925, Section 63(c).–It may be true that deprivation of a due share by the natural heir by itself may not be held to be a suspicious circumstance but it is one of the factors which is taken into consideration by the courts

Feb 24, 2019 sclaw

2009(1) LAW HERALD (SC) 502 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7434 of 2008…

Will & Succession

Succession Law–Will– Probate of–A probate when granted binds the whole world–It is a judgment in rem–The Executor, therefore, has to administer the estate of the testator in terms of the Will and not on the basis of the settlement arrived at by and between the parties which would be inconsistent with the terms of the Will–In case of any conflict between the terms of the Will and the settlement, the former will prevail

Feb 24, 2019 sclaw

2009(1) LAW HERALD (SC) 482 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice  Cyriac Joseph Civil Appeal No. 6575 of 2008…

Will & Succession

Will–Will is required to be attested and therefore, it cannot be used as evidence until at least one of attesting witness is called for the purpose of providing its executions provided such attesting witness is alive and subject to the process of Court and capable of giving evidence. Pleading–Non filing of Replication–Mere non filing of a replication does not and could not mean that there has been admission of facts pleaded in written statement.

Feb 17, 2019 sclaw

2009(1) LAW HERALD (SC) 434 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dr. Mukundakam Sharma Civil Appeal No. 7082 of…

Will & Succession

Will—To challenge the genuineness of the Will inter alia indicates challenge to the genuineness of the signature of testator. Expert Evidence—If the scientific investigation of the document in question facilitates the ascertaining of truth, it can be done even after closure of the evidence from both sides.

Jan 6, 2019 sclaw

2018(4) Law Herald (SC) 3304 : 2018 LawHerald.org 1794 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Civil Appeal Nos. 10684-10685…

Will & Succession

Succession Act, 1963, S.63—Will-Suspicious Circumstance—Beneficiary of Will deposed that in lieu of services rendered by him testator had executed the Will in his favour-But as per evidence on record beneficiary was in Army service from year 1960-1979, where as the Will was executed in the year 1970—Apart from beneficiary no other family members gave statement in support of services rendered by them—Will though was registered but discarded — Will—Proof of Execution—For proving the Will not only statutory requirements are to be satisfied but the Will should be ordinarily free from suspicious circumstances

Dec 28, 2018 sclaw

2018(4) Law Herald (SC) 3233 : 2018 LawHerald.Org 1935 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil Appeal No.…

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Education

Education Law — Admissions — Eligibility Criteria — Prospectus issued by University — Amendments and Addendums — Appellant admitted to postgraduate program based on provisional admission — Completed course and received degree — University withdrew degree based on initial ineligibility — Court held that due to confusion and uncertainty caused by frequent changes in eligibility criteria, the benefit should go to the appellant, especially since she had completed the course with good marks.

Jul 29, 2025 sclaw
Matrimonial

Transfer Petition — Jurisdiction — Courts — Petition seeking transfer of matrimonial and criminal cases from one state to another filed by both parties, wife seeking transfer of divorce case from Delhi to UP, husband seeking transfer of criminal cases from UP to Delhi. Parties have also filed special leave petitions against High Court orders. Supreme Court has the power to transfer cases.

Jul 29, 2025 sclaw
Acquittal

Penal Code, 1860 — Sections 302, 34, 120B — Murder — Appeal against conviction and sentence for murder — Key eyewitness evidence of the deceased’s son and wife — Distance allegedly covered on bicycle within thirty minutes questioned — Improbability of covering 16 kilometers in that timeframe raised substantial doubt about their presence at the crime scene — Absence of corroboration from other witnesses, who turned hostile and suggested multiple assailants, further weakens the prosecution’s case — Post-mortem report indicating numerous injuries, consistent with multiple attackers — Deceased’s history as a habitual drunkard and criminal suggests potential enmity with various individuals — Conviction based solely on questionable eyewitness testimony not sustainable when reasonable doubt exists about accused’s presence and involvement — Appeal allowed, conviction and sentence set aside

Jul 29, 2025 sclaw
Service

Central Civil Services (Classification, Control and Appeal) Rules, 1965, Rule 13(2) and Rule 14, Appendix 3 — Disciplinary proceedings for major penalties — Initiation of by authority competent to impose minor penalties — Permissible — Rule 13(2) allows a disciplinary authority competent to impose minor penalties to institute proceedings for major penalties, even if not competent to impose major penalties itself. – Charge Sheet — Validity of issuance by General Manager (Telecommunications) for major penalties — Held valid as the General Manager is competent to impose minor penalties and Rule 13(2) permits initiation of proceedings for major penalties by such an authority.

Jul 29, 2025 sclaw