Supreme Court of India Judgements

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Evidence Act, 1872 — Section 133 and Illustration (b) to Section 114 — Accomplice Testimony — Testimony of an approver/accomplice is not illegal merely because it is uncorroborated, but as a rule of prudence, it is unsafe to convict solely on the basis of uncorroborated testimony — Corroboration must be in material particulars and should come from independent sources. Succession Act, 1925 — Section 263 — Revocation of probate — Limitation — No specific period of limitation prescribed for application for revocation of probate — Article 137 of Limitation Act, 1963 applies — Right to apply accrues when applicant has knowledge of the facts justifying revocation. Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 — Section 21(8), Proviso — Enhancement of rent — Application for enhancement of rent under the proviso to Section 21(8) is permissible and maintainable. Evidence Act, 1872 — Section 112 — Presumption of legitimacy — DNA test can be directed to determine paternity only when there is sufficient prima facie material to dislodge the presumption under Section 112.– Section 114(h) — Adverse inference — Not applicable at the stage where the Court is considering the need for a DNA test. Constitution of India, 1950 — Articles 21, 32, 226 — Illegal detention — Definition — Illegal detention may be defined as the deprivation of liberty by the State without lawful authority or in violation of provisions of the Constitution — It involves actual custody such that the individual is not free to leave — The detention must lack a valid legal basis, including situations where authority is void or expired — Even where a law permits detention, it becomes illegal if the procedure followed is not just, fair and reasonable, including failure to observe essential safeguards — Also covers situations where the power to detain is exercised arbitrarily, for an improper purpose, or in bad faith.
Evidence Act, 1872 — Section 133 and Illustration (b) to Section 114 — Accomplice Testimony — Testimony of an approver/accomplice is not illegal merely because it is uncorroborated, but as a rule of prudence, it is unsafe to convict solely on the basis of uncorroborated testimony — Corroboration must be in material particulars and should come from independent sources.
Evidence Act
Evidence Act, 1872 — Section 133 and Illustration (b) to Section 114 — Accomplice Testimony — Testimony of an approver/accomplice is not illegal merely because it is uncorroborated, but as a rule of prudence, it is unsafe to convict solely on the basis of uncorroborated testimony — Corroboration must be in material particulars and should come from independent sources.
Succession Act, 1925 — Section 263 — Revocation of probate — Limitation — No specific period of limitation prescribed for application for revocation of probate — Article 137 of Limitation Act, 1963 applies — Right to apply accrues when applicant has knowledge of the facts justifying revocation.
Will & Succession
Succession Act, 1925 — Section 263 — Revocation of probate — Limitation — No specific period of limitation prescribed for application for revocation of probate — Article 137 of Limitation Act, 1963 applies — Right to apply accrues when applicant has knowledge of the facts justifying revocation.
Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 — Section 21(8), Proviso — Enhancement of rent — Application for enhancement of rent under the proviso to Section 21(8) is permissible and maintainable.
Rent
Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 — Section 21(8), Proviso — Enhancement of rent — Application for enhancement of rent under the proviso to Section 21(8) is permissible and maintainable.
Evidence Act, 1872 — Section 112 — Presumption of legitimacy — DNA test can be directed to determine paternity only when there is sufficient prima facie material to dislodge the presumption under Section 112.– Section 114(h) — Adverse inference — Not applicable at the stage where the Court is considering the need for a DNA test.
Evidence Act
Evidence Act, 1872 — Section 112 — Presumption of legitimacy — DNA test can be directed to determine paternity only when there is sufficient prima facie material to dislodge the presumption under Section 112.– Section 114(h) — Adverse inference — Not applicable at the stage where the Court is considering the need for a DNA test.
Matrimonial

Guardians and Wards Act, 1890 – Section 9 – Guardianship and custody – Jurisdiction – Court where the child ‘ordinarily resides’ would have jurisdiction to decide the issues of guardianship and custody.As a consequence, the courts in Delhi would have no jurisdiction to entertain the Petition u/S. 9 of the Guardians and Wards Act, 1890.

Dec 12, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JASMEET KAUR — Appellant Vs. STATE (NCT OF DELHI) AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and Indu Malhotra, JJ. )…

Service Matters
Service

Penal Code, 1860 (IPC) – Sections 467, 468, 471, 474, 420, 406 and 120B – Uttar Pradesh Fundamental Rules – Rule 56(C) – Compulsory retirement-A person discharging judicial duties acts on behalf of the State in discharge of its sovereign functions – Dispensation of justice is not only an onerous duty but has been considered as akin to discharge of a pious duty, and therefore, is a very serious matter – Standards of probity, conduct, integrity that may be relevant for discharge of duties by a careerist in another job cannot be the same for a judicial officer. HELD But a conduct which creates a perception beyond the ordinary cannot be countenanced

Dec 11, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAM MURTI YADAV — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ. )…

I P C

Penal Code, 1860 (IPC) – Sections 302 and 323 – Murder – Acquittal – It appears from the records that the respondent as under trial had undergone 2 years 8 months 11 days of custody and after his conviction on 24.01.1995 by the Sessions Judge he remained in custody till 18.11.2006 completing 11 years 9 months 26 days. Thus, he has undergone total custody of 14 years 6 months 7 days – Not consider the present a fit case to interfere – Appeal dismissed.

Dec 11, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF MADHYA PRADESH — Appellant Vs. AMARLAL — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ. ) Criminal Appeal No. 251…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Sections 173, 319, 482 – Penal Code, 1860 (IPC) – Section 306 – Evidence Act, 1872 – Sections 103 and 114 – Abetment of suicide – Summoning Order – Section 319 empowers the court to proceed against a person appearing to be guilty of an offence where, in the course of any enquiry into or trial of, an offence, it appears from the evidence that any person, not being the accused, has committed any offence for which such person could be tried together with the accused

Dec 11, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAEEDA KHATOON ARSHI — Appellant Vs. STATE OF UP AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Hrishikesh Roy, JJ.…

I P C

Penal Code, 1860 (IPC) – Sections 147, 148, 149, 302 and 452 – Criminal Procedure Code, 1973 (CrPC) – Sections 157 and 173(2) – Murder – Appeal against conviction and Sentence – Medical evidence fully supports the ocular evidence and there is virtually no contradiction – Version of the two eye witnesses with regard to the injuries caused by the fire arms and sharp edged weapons, find corroboration from the medical report- Appeal dismissed Dt 11.12.2019

Dec 11, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAMJI SINGH AND OTHERS — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : Mohan M. Shantanagoudar and Deepak Gupta, JJ.…

Housing

Second Master Plan for Chennai Metropolitan Area, 2026 – Regulation 36 – Premium FSI Charges – Division Bench did not keep in view the well settled principle that no right accrued to the applicant-builder by mere filing of application for approval and the right accrues only after approval is granted by the Government/concerned authorities

Dec 11, 2019 sclaw

SUPREME COURT OF INDIA THREE JUDGES BENCH CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY REPRESENTED BY ITS MEMBER SECRETARY — Appellant Vs. D. RAJAN DEV AND OTHERS — Respondent ( Before : R.…

Constitution

State Legislature Cannot Enact Law Which Affects Jurisdiction Of Supreme Court: SC Constitution Bench HELD “Presidential assent cannot and does not validate an enactment in excess of the legislative powers of the State Legislature, nor validate a statutory provision, which would render express provisions of the Constitution otiose.”

Dec 10, 2019 sclaw

State Legislature Cannot Enact Law Which Affects Jurisdiction Of Supreme Court: SC Constitution Bench [Read Judgment] BY: ASHOK KINI10 Dec 2019 6:21 PM “Presidential assent cannot and does not validate…

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Evidence Act

Evidence Act, 1872 — Section 133 and Illustration (b) to Section 114 — Accomplice Testimony — Testimony of an approver/accomplice is not illegal merely because it is uncorroborated, but as a rule of prudence, it is unsafe to convict solely on the basis of uncorroborated testimony — Corroboration must be in material particulars and should come from independent sources.

May 31, 2026 sclaw
Will & Succession

Succession Act, 1925 — Section 263 — Revocation of probate — Limitation — No specific period of limitation prescribed for application for revocation of probate — Article 137 of Limitation Act, 1963 applies — Right to apply accrues when applicant has knowledge of the facts justifying revocation.

May 31, 2026 sclaw
Rent

Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 — Section 21(8), Proviso — Enhancement of rent — Application for enhancement of rent under the proviso to Section 21(8) is permissible and maintainable.

May 31, 2026 sclaw
Evidence Act

Evidence Act, 1872 — Section 112 — Presumption of legitimacy — DNA test can be directed to determine paternity only when there is sufficient prima facie material to dislodge the presumption under Section 112.– Section 114(h) — Adverse inference — Not applicable at the stage where the Court is considering the need for a DNA test.

May 31, 2026 sclaw