Supreme Court of India Judgements

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Category: Will & Succession

Will & Succession

IMP::: Hindu Law—Self Acquired Property—Burden of Proof—Joint Family Property—It is obligatory upon the plaintiffs to have provided that dispute existence of jointness in the family, properties claimed were self acquired properties—Plaintiff failed to adduce any kind of documentary evidence to prove their self acquisition of claimed properties nor they were able to prove the source of its acquisition- -Properties held to be joint family property. 

Jul 8, 2018 sclaw

    (2017) 180 AIC 188 : (2017) AIR(SCW) 4465 : (2017) AIR(SC) 4465 : (2017) 125 ALR 876 : (2018) 1 AndhLD 141 : (2017) 3 ApexCourtJudgments(SC) 730 :…

Will & Succession

Doctrine of Escheat—Claim of Ashram on death of its Mahant by way of murder by unknown persons—As per material on record it had not been established that mahant had renounced the world and had become a Sanyasi—Claim of petitioner to have succeeded mahant not established by any document or custom

May 9, 2018 sclaw

(2017) 3 ApexCourtJudgments(SC) 518 : (2017) 4 LawHerald(SC) 2666 : (2017) 4 RCR(Civil) 575 : (2017) 5 RecentApexJudgments(RAJ) 439 : (2017) 12 SCALE 69 SUPREME COURT OF INDIA DIVISION BENCH MAHANT RAMANAND — Appellant…

Will & Succession

Succession—Once ancestral property is devolved by succession, the property thereafter ceases to be joint family property, and no right to partition a property which is no longer joint family property continues to subsist in any member of the coparcenary. Law as it applies to joint family property governed by the Mitakshara School prior to the amendment of 2005, summarized

Mar 12, 2018 sclaw

(2016) 160 AIC 1 : (2016) AIR(SCW) 1169 : (2016) 2 AIRJharR 118 : (2016) AIR(SC) 1169 : (2016) 3 ALLMR 451 : (2016) 2 AllWC 1474 : (2016) 115…

Will & Succession

Hindu Succession Act, 1956, S.15-Female Hindu–S.15(2)(a)provides that any property inherited by a female Hindu from her father or mother shall devolve upon the heirs of the father if female does not have her son, daughter including the children of any pre-deceased son or daughter but would not devolve upon the categories of heirs specified in sub-section(l)

Jan 19, 2018 sclaw

(2017) 173 AIC 196 : (2017) AIR(SCW) 1632 : (2017) 2 AIRJharR 662 : (2017) AIR(SC) 1632 : (2017) AllSCR 1587 : (2017) 122 ALR 494 : (2017) 4 AndhLD…

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Direct Taxation Income Tax Act

Income Tax Act, 1961 — Section 147 and 148 — Reopening of assessment — Validity — Tangible material — Change of opinion — Assessing Officer has no power to review an assessment; reassessment must be based on tangible material, not a mere change of opinion — The discovery of fresh information during a survey, which reveals the true nature of a transaction and suggests income has escaped assessment, can form the basis for reopening an assessment, even if certain disclosures were made during the original assessment.

May 14, 2026 sclaw
Matrimonial

Wife’s pursuit of professional career and desire to provide safe environment for child are not grounds for cruelty or desertion. -Family Law — Divorce — Grounds — Cruelty and Desertion — Wife’s pursuit of professional career and desire to provide safe environment for child are not grounds for cruelty or desertion.

May 14, 2026 sclaw
Constitution Education

Constitution of India, 1950 — Article 19(1)(a) and Article 21A — Right to education — Medium of instruction — Freedom of speech and expression includes the right to receive information in a comprehensible manner — Education must be imparted in a language that the child understands best — Right to primary education in a language of choice is part of freedom of speech and expression — State cannot impose controls on such choice.

May 14, 2026 sclaw
Accident

Motor Vehicles Act, 1988 — Compensation — Enhancement — Deceased was an engineering student with good academic record and potential future earnings — High Court enhanced compensation but it was found to be on the lower side — The Supreme Court assessed the monthly income at Rs. 12,000/-, added 40% for future prospects, deducted half for personal expenses, and applied a multiplier of 18 — Compensation under conventional heads was also enhanced — The motorcycle damage was awarded as per the surveyor’s report.

May 14, 2026 sclaw