Supreme Court of India Judgements

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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. Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (1987 Act) — Section 51(2) — Principles of Natural Justice — Failure to supply charge memo and supporting documents to the appellant — Enquiry conducted ex-parte — Order of removal vitiated — High Court erred in holding that opportunity at show cause stage cured the defects — Supreme Court set aside the removal order, confirmation order, and enquiry report. Civil Procedure Code, 1908 (CPC) — Order 12 Rule 6 — Judgment on Admissions — Scope and Exercise of Discretion — Provision allows for speedy relief where there is no substantial dispute requiring trial, but cannot deprive a party of adjudication if controversy involves disputed questions of fact and requires evidence — Admission must be categorical, unambiguous, unconditional, and unequivocal — Admissions should be clear and intentional, and discretion to pass judgment without trial should be used cautiously, only when admission is absolute, clear, categorical, and unconditional.
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.
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.
Constitution
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.
Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (1987 Act) — Section 51(2) — Principles of Natural Justice — Failure to supply charge memo and supporting documents to the appellant — Enquiry conducted ex-parte — Order of removal vitiated — High Court erred in holding that opportunity at show cause stage cured the defects — Supreme Court set aside the removal order, confirmation order, and enquiry report.
Service
Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (1987 Act) — Section 51(2) — Principles of Natural Justice — Failure to supply charge memo and supporting documents to the appellant — Enquiry conducted ex-parte — Order of removal vitiated — High Court erred in holding that opportunity at show cause stage cured the defects — Supreme Court set aside the removal order, confirmation order, and enquiry report.
Cr P C

Penal Code, 1860 (IPC) – Sections 420, 468 and 471 – Criminal Procedure Code, 1973 (CrPC) – Sections 156, 160, 167(2), 173, 173(2), 173(2)(i), 173(8), 227, 228 and 319 – Magistrate has no jurisdiction to suo moto pass an order for further investigation/reinvestigation after he discharges the accused.

Apr 17, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BIKASH RANJAN ROUT — Appellant Vs. STATE THROUGH THE SECRETARY (HOME), GOVERNMENT OF NCT OF DELHI, NEW DELHI — Respondent ( Before : L.…

Consumer

Section 64VB(2) of the Insurance Act, 1938 provides that: “For the purposes of this section, in the case of risks for which premium can be ascertained in advance, the risk may be assumed not earlier than the date on which the premium has been paid in cash or by cheque to the insurer.” It is the admitted position that the deceased husband of the Appellant had paid the insurance premium by a Demand Draft in favour of the Insurance Company.–As a consequence, the risk would be covered from the date of payment of the insurance premium. The loan was secured from the date on which the insurance premium was paid. The premium having been paid by the Appellant’s husband during his life-time, the loan was to be adjusted from the insurance policy

Apr 17, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ASHATAI W/O ANAND DUPARTE — Appellant Vs. SHRIRAM CITY UNION FINANCE LTD. — Respondent ( Before : Uday Umesh Lalit and Indu Malhotra, JJ.…

Customs & Excise

When an amount is paid as Dharmada along with the sale price of goods, such payment is not made in consideration of the transfer of goods – Such payment is meant for charity and is received and held in trust by the seller – If such amounts are meant to be credited to charity and do not form part of the income of the assessee they cannot be included in the transaction value or assessable value of the goods

Apr 15, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S D.J. MALPANI — Appellant Vs. COMMISSIONER OF CENTRAL EXCISE, NASHIK — Respondent ( Before : S.A. Bobde, Deepak Gupta and Vineet Saran, JJ.…

Customs & Excise

The present case has been tagged with the case of M/s D.J. Malpani vs. Commissioner of Central Excise, Nashik which has been referred to this Bench vide order dated 29.07.2015. We have held that the amount of Dharmada cannot be included in the transaction value for the purposes of assessments.

Apr 15, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS, BANGALORE — Appellant Vs. M/S JSW STEEL LTD. (FORMERLY KNOWN AS JINDAL VIJAYANAGAR STEEL LTD.) — Respondent ( Before :…

Cr P C

Criminal Law–Murder–Suspension of sentence pending appeal– The mere fact that during the period when the accused persons were on bail during trial there was no misuse of liberties, does not per se warrant suspension of execution of sentence and grant of bail–What really was necessary to be considered by the High Court is whether reasons existed to suspend the execution of sentence and thereafter grant bail

Apr 14, 2019 sclaw

2009(1) LAW HERALD (SC) 636 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Asok Kumar Ganguly Criminal Appeal No. of 2009…

Acquittal

Rape–Suicide–Dying declaration–There are several inconsistencies and contradictions–Eye-witnesses examined by the prosecution i.e. PWs 13 and 15 who happen to be the brother and the friend of the deceased did not support the prosecution version and resiled from their statement made during investigation–Acquittal upheld

Apr 14, 2019 sclaw

    2009(1) LAW HERALD (SC) 629 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. 352…

You missed

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
Constitution

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.

May 31, 2026 sclaw
Service

Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (1987 Act) — Section 51(2) — Principles of Natural Justice — Failure to supply charge memo and supporting documents to the appellant — Enquiry conducted ex-parte — Order of removal vitiated — High Court erred in holding that opportunity at show cause stage cured the defects — Supreme Court set aside the removal order, confirmation order, and enquiry report.

May 31, 2026 sclaw