Supreme Court of India Judgements

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Rights of Persons with Disabilities Act, 2016 — Prisoners with Disabilities — This case concerns the rights and conditions of prisoners with disabilities, focusing on the effective implementation of the Rights of Persons with Disabilities Act, 2016, and constitutional guarantees of dignity, equality, and non-discrimination within prison systems. Succession Act, 1925 — Section 263 — Revocation of probate — Just cause — Fraudulent grant by concealing material facts or false suggestions — Failure to cite necessary parties — Grant of probate is a judgment in rem and binds the world — Persons with even a slight interest, including subsequent transferees from heirs, are entitled to citation before probate is granted — Failure to implead appellants and legal heirs of deceased sons, and to issue citations, constitutes just cause for revocation. Civil Procedure Code, 1908 (CPC) — Section 13 — Conclusiveness of foreign judgment — Enforceability in India — Summary judgment granted by foreign court without full trial despite existence of triable issues and crucial documentary evidence like Balance Sheets and Board Minutes, particularly when the respondent was denied leave to defend — Such procedure prevents a fair adjudication and is not rendered “on the merits” as required by Section 13(b) — Foreign judgment is therefore not enforceable in India. Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of Plaint — Cause of Action — Valuation and Court Fees — The Supreme Court reiterated that Order 7 Rule 11 allows rejection of a plaint if it does not disclose a cause of action, is undervalued, insufficiently stamped, or barred by law — It clarified that a plaint should not be rejected at the threshold if it contains averments that, taken at face value, set out a dispute requiring adjudication — The Court emphasized that assessing the sufficiency of evidence or the probability of success is impermissible at this stage and constitutes a premature mini-trial. Motor Vehicles Act, 1988 — Section 168 — Just Compensation — Award of compensation for prosthetic limb — No fixed guidelines for compensation amount — Courts can deviate from governmental notifications if they are too low — Emphasis on “restitutio in integrum” principle to restore the claimant as close as possible to their pre-injury state — Claimants are entitled to choose private centres for prosthetic limbs and renewal costs should be considered — Compensation can be awarded for periodic replacement and maintenance of prosthetic limbs.
Will & Succession

Succession Act, 1925 — Section 263 — Revocation of probate — Just cause — Fraudulent grant by concealing material facts or false suggestions — Failure to cite necessary parties — Grant of probate is a judgment in rem and binds the world — Persons with even a slight interest, including subsequent transferees from heirs, are entitled to citation before probate is granted — Failure to implead appellants and legal heirs of deceased sons, and to issue citations, constitutes just cause for revocation.

Apr 22, 2026 sclaw
Rights of Persons with Disabilities Act, 2016 — Prisoners with Disabilities — This case concerns the rights and conditions of prisoners with disabilities, focusing on the effective implementation of the Rights of Persons with Disabilities Act, 2016, and constitutional guarantees of dignity, equality, and non-discrimination within prison systems.
Constitution
Rights of Persons with Disabilities Act, 2016 — Prisoners with Disabilities — This case concerns the rights and conditions of prisoners with disabilities, focusing on the effective implementation of the Rights of Persons with Disabilities Act, 2016, and constitutional guarantees of dignity, equality, and non-discrimination within prison systems.
Succession Act, 1925 — Section 263 — Revocation of probate — Just cause — Fraudulent grant by concealing material facts or false suggestions — Failure to cite necessary parties — Grant of probate is a judgment in rem and binds the world — Persons with even a slight interest, including subsequent transferees from heirs, are entitled to citation before probate is granted — Failure to implead appellants and legal heirs of deceased sons, and to issue citations, constitutes just cause for revocation.
Will & Succession
Succession Act, 1925 — Section 263 — Revocation of probate — Just cause — Fraudulent grant by concealing material facts or false suggestions — Failure to cite necessary parties — Grant of probate is a judgment in rem and binds the world — Persons with even a slight interest, including subsequent transferees from heirs, are entitled to citation before probate is granted — Failure to implead appellants and legal heirs of deceased sons, and to issue citations, constitutes just cause for revocation.
Civil Procedure Code, 1908 (CPC) — Section 13 — Conclusiveness of foreign judgment — Enforceability in India — Summary judgment granted by foreign court without full trial despite existence of triable issues and crucial documentary evidence like Balance Sheets and Board Minutes, particularly when the respondent was denied leave to defend — Such procedure prevents a fair adjudication and is not rendered “on the merits” as required by Section 13(b) — Foreign judgment is therefore not enforceable in India.
C P C
Civil Procedure Code, 1908 (CPC) — Section 13 — Conclusiveness of foreign judgment — Enforceability in India — Summary judgment granted by foreign court without full trial despite existence of triable issues and crucial documentary evidence like Balance Sheets and Board Minutes, particularly when the respondent was denied leave to defend — Such procedure prevents a fair adjudication and is not rendered “on the merits” as required by Section 13(b) — Foreign judgment is therefore not enforceable in India.
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of Plaint — Cause of Action — Valuation and Court Fees — The Supreme Court reiterated that Order 7 Rule 11 allows rejection of a plaint if it does not disclose a cause of action, is undervalued, insufficiently stamped, or barred by law — It clarified that a plaint should not be rejected at the threshold if it contains averments that, taken at face value, set out a dispute requiring adjudication — The Court emphasized that assessing the sufficiency of evidence or the probability of success is impermissible at this stage and constitutes a premature mini-trial.
C P C
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of Plaint — Cause of Action — Valuation and Court Fees — The Supreme Court reiterated that Order 7 Rule 11 allows rejection of a plaint if it does not disclose a cause of action, is undervalued, insufficiently stamped, or barred by law — It clarified that a plaint should not be rejected at the threshold if it contains averments that, taken at face value, set out a dispute requiring adjudication — The Court emphasized that assessing the sufficiency of evidence or the probability of success is impermissible at this stage and constitutes a premature mini-trial.
Bail Declined

If bail is granted in a casual manner, the prosecution or the informant has a right to assail the order before a higher forum. Propensity of accused tampering with the evidence and influencing the witnesses is an important factor to be borne in mind in such cases – High Court was not right in allowing the applications for bail filed by the accused – Appeal allowed.

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAIBUNISHA — Appellant Vs. MEHARBAN AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal No. 76 of…

Cr P C

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(x) and 3(1)(xi) – Appeal against acquittal – Being the first appellate court, the High Court was required to re­appreciate the entire evidence on record and also the reasoning given by the learned Trial Court – It is well­ settled that the court of appeal has as wide powers of appreciation of evidence in an appeal against an order of acquittal. Remanded

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GEETA DEVI — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal…

C P C

High Court proceeded further with the hearing of the appeal as if the High Court was considering the appeal against the order passed on an application under Order IX Rule 13 CPC, whereas the appeal was against the order and decree passed by the Trial Court, which was affirmed by the First Appellate Court as barred by limitation. Appeal allowed

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAMTAZ AND OTHERS — Appellant Vs. GULSUMA ALIAS KULUSUMA — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Civil Appeal No.…

Acquittal

Finding recorded by the Trial Court against appellant that he also dragged the dead body and thrown into the courtyard of the deceased is not supported by any evidence – Trial Court as well as the High Court have committed a grave error in convicting appellant for the offences punishable under Section 302 read with Section 34 of the IPC – Appeal allowed

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MUKESH — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal No.…

Bail Declined

For the monetary benefits accused-husband hatched a criminal conspiracy with other co-accused to kill his wife and tried to make out an accidental case – – looking to the seriousness of the offence and looking to the nature and gravity of the offence committed by accused-husband, the High Court ought not to have released accused-husband on bail – Appeal allowed.

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ISHWARJI NAGAJI MALI — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Criminal…

Cr P C

Awarding death sentence is an exception, and life imprisonment is the rule. In deciding whether a case falls within the category of the rarest of rare, the brutality, and/or the gruesome and/or heinous nature of the crime is not the sole criterion – It is not just the crime which the Court is to take into consideration, but also the criminal, the state of his mind, his socio-economic background, etc.

Jan 20, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH BHAGWANI — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ. )…

Environment

Sand is also required for construction of public infrastructural projects as well as public and private construction activities – It was necessary to permit the mining activities so as to prevent illegal mining and also to prevent loss to the public exchequer and permitted the Corporation to carry out the mining activities, and further to employ the services of the contractor

Jan 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF BIHAR AND OTHERS — Appellant Vs. PAWAN KUMAR AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai,…

Contempt

Contempt of Court – Non-compliance of the directions issued by this Court is wilful and deliberate and amounts to contempt of Court – Direction to respondent-contemnors to remain present before this Court on 22nd February 2022 and show cause as to why they should not be held guilty for having committed contempt of this Court and be punished in accordance with law.

Jan 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BIJAY KUMAR SINHA AND OTHERS — Appellant Vs. TRIPURARI SHARAN AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…

Arbitration

Arbitration Act, 1940 – Sections 30, 33 and 39 – Extension of time to execute the contract – Single Judge that there was sufficient justification for the appellant-claimant to have sought extension of time for completing the work and that the decision of the respondent-Union of India to terminate the contract, was not for legitimate reasons.

Jan 20, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH ATLANTA LIMITED THR. ITS MANAGING DIRECTOR — Appellant Vs. UNION OF INDIA REPRESENTED BY CHIEF ENGINEER MILITARY ENGINEERING SERVICE — Respondent ( Before :…

You missed

Constitution

Rights of Persons with Disabilities Act, 2016 — Prisoners with Disabilities — This case concerns the rights and conditions of prisoners with disabilities, focusing on the effective implementation of the Rights of Persons with Disabilities Act, 2016, and constitutional guarantees of dignity, equality, and non-discrimination within prison systems.

Apr 22, 2026 sclaw
Will & Succession

Succession Act, 1925 — Section 263 — Revocation of probate — Just cause — Fraudulent grant by concealing material facts or false suggestions — Failure to cite necessary parties — Grant of probate is a judgment in rem and binds the world — Persons with even a slight interest, including subsequent transferees from heirs, are entitled to citation before probate is granted — Failure to implead appellants and legal heirs of deceased sons, and to issue citations, constitutes just cause for revocation.

Apr 22, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Section 13 — Conclusiveness of foreign judgment — Enforceability in India — Summary judgment granted by foreign court without full trial despite existence of triable issues and crucial documentary evidence like Balance Sheets and Board Minutes, particularly when the respondent was denied leave to defend — Such procedure prevents a fair adjudication and is not rendered “on the merits” as required by Section 13(b) — Foreign judgment is therefore not enforceable in India.

Apr 22, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of Plaint — Cause of Action — Valuation and Court Fees — The Supreme Court reiterated that Order 7 Rule 11 allows rejection of a plaint if it does not disclose a cause of action, is undervalued, insufficiently stamped, or barred by law — It clarified that a plaint should not be rejected at the threshold if it contains averments that, taken at face value, set out a dispute requiring adjudication — The Court emphasized that assessing the sufficiency of evidence or the probability of success is impermissible at this stage and constitutes a premature mini-trial.

Apr 22, 2026 sclaw