Supreme Court of India Judgements

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Arbitration and Conciliation Act, 1996 — Section 11(6) and 11(6-A) — Appointment of Arbitral Tribunal (AT) — Scope of Judicial Scrutiny — The enquiry under Section 11 is confined to a prima facie determination of the existence of an arbitration agreement, and no further — The referral court must refrain from entering into contentious factual or legal issues related to authority, capacity, arbitrability, maintainability, or merits of claims, adhering to the principle of minimal judicial intervention. (Paras 14, 15, 17, 19) Criminal Law — Conviction — Circumstantial Evidence — Last Seen Together Theory — Must establish acquaintance between accused and deceased for theory to apply as a circumstance linking chain; mere fact of accused and deceased being in the same vicinity shortly before the crime, without proven acquaintance, is insufficient to propound the ‘last seen together theory’ as a conclusive link, though presence in same vicinity remains a relevant initial fact. (Para 6) Civil Procedure Code, 1908 (CPC) — Suit for Permanent Injunction — Dismissal of Suit — Reversal by High Court — Scope of Interference by Supreme Court — Where the Trial Court dismissed a suit for permanent injunction on grounds of failure to establish title and uncertainty in property identification, and the High Court reversed this relying on unproven and unauthenticated documents/surveys (like a BDA survey not proved or authenticated, and a letter without a clear seal or legible signature), the High Court erred. (Paras 3, 4, 11, 12, 14) Succession Act, 1925 — Section 63 — Indian Evidence Act, 1872 — Section 68 — Proof of Will — Requirement of attestation — Will excluding one legal heir (daughter) — One attesting witness (DW-2) examined — DW-2 must speak not only to the execution by the testator and his own attestation, but also to the attestation by the other witness — Failure of the Trial Court and High Court to find the Will proved — Evidence of DW-2 affirmed the signatures of the testator and both attesting witnesses after being suggested so in cross-examination by the plaintiff — Where a positive suggestion is made in cross-examination, and the witness affirms it, the response has probative value and cannot be ignored merely because it was a leading question — Concurrent finding disbelieving the Will reversed. (Paras 6, 16, 23, 24, 29 Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Standard of Proof — In motor vehicle accident claims, the standard of proof is based on preponderance of probabilities, not proof beyond reasonable doubt — However, claimants must establish three elements: (i) occurrence of accident; (ii) involvement of the specific offending vehicle; and (iii) rash and negligent act of the driver — Mere occurrence of the accident alone is insufficient if the involvement of the vehicle and negligence are not established. (Paras 5, 7, 8, 16)
Arbitration

Arbitration and Conciliation Act, 1996 — Section 11(6) and 11(6-A) — Appointment of Arbitral Tribunal (AT) — Scope of Judicial Scrutiny — The enquiry under Section 11 is confined to a prima facie determination of the existence of an arbitration agreement, and no further — The referral court must refrain from entering into contentious factual or legal issues related to authority, capacity, arbitrability, maintainability, or merits of claims, adhering to the principle of minimal judicial intervention. (Paras 14, 15, 17, 19)

Dec 18, 2025 sclaw
Evidence Act I P C

Criminal Law — Conviction — Circumstantial Evidence — Last Seen Together Theory — Must establish acquaintance between accused and deceased for theory to apply as a circumstance linking chain; mere fact of accused and deceased being in the same vicinity shortly before the crime, without proven acquaintance, is insufficient to propound the ‘last seen together theory’ as a conclusive link, though presence in same vicinity remains a relevant initial fact. (Para 6)

Dec 18, 2025 sclaw
Arbitration and Conciliation Act, 1996 — Section 11(6) and 11(6-A) — Appointment of Arbitral Tribunal (AT) — Scope of Judicial Scrutiny — The enquiry under Section 11 is confined to a prima facie determination of the existence of an arbitration agreement, and no further — The referral court must refrain from entering into contentious factual or legal issues related to authority, capacity, arbitrability, maintainability, or merits of claims, adhering to the principle of minimal judicial intervention. (Paras 14, 15, 17, 19)
Arbitration
Arbitration and Conciliation Act, 1996 — Section 11(6) and 11(6-A) — Appointment of Arbitral Tribunal (AT) — Scope of Judicial Scrutiny — The enquiry under Section 11 is confined to a prima facie determination of the existence of an arbitration agreement, and no further — The referral court must refrain from entering into contentious factual or legal issues related to authority, capacity, arbitrability, maintainability, or merits of claims, adhering to the principle of minimal judicial intervention. (Paras 14, 15, 17, 19)
Criminal Law — Conviction — Circumstantial Evidence — Last Seen Together Theory — Must establish acquaintance between accused and deceased for theory to apply as a circumstance linking chain; mere fact of accused and deceased being in the same vicinity shortly before the crime, without proven acquaintance, is insufficient to propound the ‘last seen together theory’ as a conclusive link, though presence in same vicinity remains a relevant initial fact. (Para 6)
Evidence Act I P C
Criminal Law — Conviction — Circumstantial Evidence — Last Seen Together Theory — Must establish acquaintance between accused and deceased for theory to apply as a circumstance linking chain; mere fact of accused and deceased being in the same vicinity shortly before the crime, without proven acquaintance, is insufficient to propound the ‘last seen together theory’ as a conclusive link, though presence in same vicinity remains a relevant initial fact. (Para 6)
Civil Procedure Code, 1908 (CPC) — Suit for Permanent Injunction — Dismissal of Suit — Reversal by High Court — Scope of Interference by Supreme Court — Where the Trial Court dismissed a suit for permanent injunction on grounds of failure to establish title and uncertainty in property identification, and the High Court reversed this relying on unproven and unauthenticated documents/surveys (like a BDA survey not proved or authenticated, and a letter without a clear seal or legible signature), the High Court erred. (Paras 3, 4, 11, 12, 14)
C P C
Civil Procedure Code, 1908 (CPC) — Suit for Permanent Injunction — Dismissal of Suit — Reversal by High Court — Scope of Interference by Supreme Court — Where the Trial Court dismissed a suit for permanent injunction on grounds of failure to establish title and uncertainty in property identification, and the High Court reversed this relying on unproven and unauthenticated documents/surveys (like a BDA survey not proved or authenticated, and a letter without a clear seal or legible signature), the High Court erred. (Paras 3, 4, 11, 12, 14)
Succession Act, 1925 — Section 63 — Indian Evidence Act, 1872 — Section 68 — Proof of Will — Requirement of attestation — Will excluding one legal heir (daughter) — One attesting witness (DW-2) examined — DW-2 must speak not only to the execution by the testator and his own attestation, but also to the attestation by the other witness — Failure of the Trial Court and High Court to find the Will proved — Evidence of DW-2 affirmed the signatures of the testator and both attesting witnesses after being suggested so in cross-examination by the plaintiff — Where a positive suggestion is made in cross-examination, and the witness affirms it, the response has probative value and cannot be ignored merely because it was a leading question — Concurrent finding disbelieving the Will reversed. (Paras 6, 16, 23, 24, 29
Will & Succession
Succession Act, 1925 — Section 63 — Indian Evidence Act, 1872 — Section 68 — Proof of Will — Requirement of attestation — Will excluding one legal heir (daughter) — One attesting witness (DW-2) examined — DW-2 must speak not only to the execution by the testator and his own attestation, but also to the attestation by the other witness — Failure of the Trial Court and High Court to find the Will proved — Evidence of DW-2 affirmed the signatures of the testator and both attesting witnesses after being suggested so in cross-examination by the plaintiff — Where a positive suggestion is made in cross-examination, and the witness affirms it, the response has probative value and cannot be ignored merely because it was a leading question — Concurrent finding disbelieving the Will reversed. (Paras 6, 16, 23, 24, 29
Acquittal

HELD the accused having secured the acquittal, the presumption of their innocence gets further reinforced and strengthened. Therefore, the appellate court ought not to lightly interfere with the order of acquittal recorded by the trial court unless there is gross perversity in the appreciation of the evidence and even if two views are possible, it should follow the view taken by the trial court rather than choosing the second possible version.

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH FEDRICK CUTINHA — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Criminal Appeal No. 2251…

Corporate Electricity Act

Power Purchase Agreement – the finding of the CERC and the learned APTEL is to the effect that Adani Power Mundra Limited would not be entitled to any benefit of Change in Law beyond 70% of the installed capacity i.e. 1386 MW – Findings cannot be said to not be based on the material on record, or based on extraneous considerations.

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UTTAR HARYANA BIJLI VITRAN NIGAM LTD. AND ANOTHER — Appellant Vs. ADANI POWER (MUNDRA) LIMITED AND OTHERS — Respondent ( Before : B.R. Gavai…

Labour Cases

HELD government employees cannot claim double overtime allowance as per the Factories Act, if the service rules do not provide for it – whether employees working as supervisors at the Security Printing & Minting Corporation of India (a company under the Ministry of Finance responsible for minting currency notes) are entitled to double overtime allowance as per the Factories Act 1948 – No

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SECURITY PRINTING AND MINTING CORPORATION OF INDIA LTD. AND OTHERS ETC. — Appellant Vs. VIJAY D. KASBE AND OTHERS ETC. — Respondent ( Before…

Property Matters State Laws

Punjab Land Revenue Act, 1887 – Sections 118 and 121 – Partition – When a decision is taken by the Revenue Officer under Section 118 on the question as to the property to be divided and the mode of partition, the rights and status of the parties stand decided and the partition is deemed to have completed – At this stage, such decision is required to be treated as the “decree”

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JHABBAR SINGH (DECEASED) THROUGH LEGAL HEIRS AN OTHERS — Appellant Vs. JAGTAR SINGH S/O DARSHAN SINGH — Respondent ( Before : Ajay Rastogi and…

Housing State Laws

HELD allotment of an identified plot in favour of Shashi Bala did not crystallize by the date of the Full Bench judgment and was at the stage of the Governments approval- FB judgement held invalidating the actual allotments made under the discretionary quota and directing the Government to draw up a policy in relation to reservation for various categories – Appeal dismissed

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH IMPROVEMENT TRUST, ROPAR THROUGH ITS CHAIRMAN, ROPAR, PUNJAB — Appellant Vs. SHASHI BALA AND ANOTHER — Respondent ( Before : Vikram Nath and Sanjay…

Acquittal Corruption

Prevention of Corruption Act, 1988 – Sections 7, 13(2) read with Section 13(1)(d) – Unless both demand and acceptance are established, offence of obtaining pecuniary advantage by corrupt means covered by clauses (i) and (ii) of Section 13(1)(d) cannot be proved – Conviction and sentence is set aside – Appeal allowed.

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SOUNDARAJAN — Appellant Vs. STATE REP. BY THE INSPECTOR OF POLICE VIGILANCE ANTICORRUPTION DINDIGUL — Respondent ( Before : Abhay S. Oka and Rajesh…

Acquittal

Prevention of Food Adulteration Act, 1954 – Sections 7, 16(1)(a)(i) and 19(2) – Appellant who sold the article of food after purchasing the same from the manufacturer through the invoices which contained the warranty as prescribed under the Act and the Rules – Hence, he had the protection available under Section 19(2)(a) of the Act – Conviction and sentence is set aside – Appeal allowed.

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S SRI MAHAVIR AGENCY AND ANOTHER — Appellant Vs. THE STATE OF WEST BENGAL AND ANOTHER — Respondent ( Before : Abhay S. Oka…

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Arbitration

Arbitration and Conciliation Act, 1996 — Section 11(6) and 11(6-A) — Appointment of Arbitral Tribunal (AT) — Scope of Judicial Scrutiny — The enquiry under Section 11 is confined to a prima facie determination of the existence of an arbitration agreement, and no further — The referral court must refrain from entering into contentious factual or legal issues related to authority, capacity, arbitrability, maintainability, or merits of claims, adhering to the principle of minimal judicial intervention. (Paras 14, 15, 17, 19)

Dec 18, 2025 sclaw
Evidence Act I P C

Criminal Law — Conviction — Circumstantial Evidence — Last Seen Together Theory — Must establish acquaintance between accused and deceased for theory to apply as a circumstance linking chain; mere fact of accused and deceased being in the same vicinity shortly before the crime, without proven acquaintance, is insufficient to propound the ‘last seen together theory’ as a conclusive link, though presence in same vicinity remains a relevant initial fact. (Para 6)

Dec 18, 2025 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Suit for Permanent Injunction — Dismissal of Suit — Reversal by High Court — Scope of Interference by Supreme Court — Where the Trial Court dismissed a suit for permanent injunction on grounds of failure to establish title and uncertainty in property identification, and the High Court reversed this relying on unproven and unauthenticated documents/surveys (like a BDA survey not proved or authenticated, and a letter without a clear seal or legible signature), the High Court erred. (Paras 3, 4, 11, 12, 14)

Dec 18, 2025 sclaw
Will & Succession

Succession Act, 1925 — Section 63 — Indian Evidence Act, 1872 — Section 68 — Proof of Will — Requirement of attestation — Will excluding one legal heir (daughter) — One attesting witness (DW-2) examined — DW-2 must speak not only to the execution by the testator and his own attestation, but also to the attestation by the other witness — Failure of the Trial Court and High Court to find the Will proved — Evidence of DW-2 affirmed the signatures of the testator and both attesting witnesses after being suggested so in cross-examination by the plaintiff — Where a positive suggestion is made in cross-examination, and the witness affirms it, the response has probative value and cannot be ignored merely because it was a leading question — Concurrent finding disbelieving the Will reversed. (Paras 6, 16, 23, 24, 29

Dec 18, 2025 sclaw