Supreme Court of India Judgements

47000 Judgements hosted as on 18/12/2025 - Search (FREE), Subscribe, Read & Download

Top Tags

Latest Post

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) Service Law — Compassionate Appointment — Nature of right — Appointment on compassionate bases is a concession, not a matter of right, and serves as an exception to the general rule of public employment under Articles 14 and 16 of the Constitution of India — Core objective is to enable the dependent family to tide over sudden financial crisis following the death of the employee, providing relief against destitution — It is not intended to provide a post much less a post held by the deceased or a higher post based on educational qualification. (Paras 3, 7, 7.1, 7.3, 11) Motor Vehicles Act, 1988 — Compensation for Death of a Child — Calculation of Compensation — Deceased 14-year-old schoolboy — Principles adopted for calculating compensation for death of child — Notional monthly income adopted based on Minimum Wages Act, 1948 for a Class B city (Rs. 5400/- per month) — Addition of 40% for future prospects — Multiplier of 15 adopted based on Reshma Kumari v. Madan Mohan — Deduction of one-half for personal expenses — Statutory heads of compensation (loss of estate, funeral expenses) awarded at Rs. 15,000/- each — Loss of filial consortium awarded at Rs. 40,000/- per parent — Compensation for pain and suffering of the deceased child, who died a day after the accident, awarded at Rs. 25,000/- to inure to the benefit of legal heirs — Total compensation enhanced to Rs. 8,65,400/- with interest at 7.5% per annum. (Paras 7, 8, 9) Motor Vehicles Act, 1988 — Compensation — Assessment of income of deceased — Standard of proof — Where claimants assert a high monthly income (Rs. 95,000/-) for the deceased (a transport contractor owning two trucks), which exceeds the taxable limit, failure to produce Income Tax Returns (ITR) is highly relevant and undermines the claim — The contention that high EMI payments (approx. Rs. 42,500/-) imply double the income is an unfounded assumption, amounting to mere surmises and conjectures. (Paras 3, 6) Hindu Marriage Act, 1955 — Sections 13(1)(i-a) and 13(1)(i-b) — Divorce — Desertion and Cruelty — Irretrievable Breakdown of Marriage — Where parties have been living separately for a long period (24 years in this case) without any prospect of reconciliation, this long period of separation amounts to mental cruelty to both parties, justifying dissolution of marriage — The marriage is deemed to have broken down irretrievably — Fact that spouses hold strongly views and refuse to accommodate each other also constitutes cruelty. (Paras 20, 21, 23, 24, 25, 26, 33, 34)
Accident

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)

Dec 18, 2025 sclaw
Compassionate Appointment

Service Law — Compassionate Appointment — Nature of right — Appointment on compassionate bases is a concession, not a matter of right, and serves as an exception to the general rule of public employment under Articles 14 and 16 of the Constitution of India — Core objective is to enable the dependent family to tide over sudden financial crisis following the death of the employee, providing relief against destitution — It is not intended to provide a post much less a post held by the deceased or a higher post based on educational qualification. (Paras 3, 7, 7.1, 7.3, 11)

Dec 17, 2025 sclaw
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)
Accident
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)
Service Law — Compassionate Appointment — Nature of right — Appointment on compassionate bases is a concession, not a matter of right, and serves as an exception to the general rule of public employment under Articles 14 and 16 of the Constitution of India — Core objective is to enable the dependent family to tide over sudden financial crisis following the death of the employee, providing relief against destitution — It is not intended to provide a post much less a post held by the deceased or a higher post based on educational qualification. (Paras 3, 7, 7.1, 7.3, 11)
Compassionate Appointment
Service Law — Compassionate Appointment — Nature of right — Appointment on compassionate bases is a concession, not a matter of right, and serves as an exception to the general rule of public employment under Articles 14 and 16 of the Constitution of India — Core objective is to enable the dependent family to tide over sudden financial crisis following the death of the employee, providing relief against destitution — It is not intended to provide a post much less a post held by the deceased or a higher post based on educational qualification. (Paras 3, 7, 7.1, 7.3, 11)
Motor Vehicles Act, 1988 — Compensation for Death of a Child — Calculation of Compensation — Deceased 14-year-old schoolboy — Principles adopted for calculating compensation for death of child — Notional monthly income adopted based on Minimum Wages Act, 1948 for a Class B city (Rs. 5400/- per month) — Addition of 40% for future prospects — Multiplier of 15 adopted based on Reshma Kumari v. Madan Mohan — Deduction of one-half for personal expenses — Statutory heads of compensation (loss of estate, funeral expenses) awarded at Rs. 15,000/- each — Loss of filial consortium awarded at Rs. 40,000/- per parent — Compensation for pain and suffering of the deceased child, who died a day after the accident, awarded at Rs. 25,000/- to inure to the benefit of legal heirs — Total compensation enhanced to Rs. 8,65,400/- with interest at 7.5% per annum. (Paras 7, 8, 9)
Accident
Motor Vehicles Act, 1988 — Compensation for Death of a Child — Calculation of Compensation — Deceased 14-year-old schoolboy — Principles adopted for calculating compensation for death of child — Notional monthly income adopted based on Minimum Wages Act, 1948 for a Class B city (Rs. 5400/- per month) — Addition of 40% for future prospects — Multiplier of 15 adopted based on Reshma Kumari v. Madan Mohan — Deduction of one-half for personal expenses — Statutory heads of compensation (loss of estate, funeral expenses) awarded at Rs. 15,000/- each — Loss of filial consortium awarded at Rs. 40,000/- per parent — Compensation for pain and suffering of the deceased child, who died a day after the accident, awarded at Rs. 25,000/- to inure to the benefit of legal heirs — Total compensation enhanced to Rs. 8,65,400/- with interest at 7.5% per annum. (Paras 7, 8, 9)
Motor Vehicles Act, 1988 — Compensation — Assessment of income of deceased — Standard of proof — Where claimants assert a high monthly income (Rs. 95,000/-) for the deceased (a transport contractor owning two trucks), which exceeds the taxable limit, failure to produce Income Tax Returns (ITR) is highly relevant and undermines the claim — The contention that high EMI payments (approx. Rs. 42,500/-) imply double the income is an unfounded assumption, amounting to mere surmises and conjectures. (Paras 3, 6)
Accident
Motor Vehicles Act, 1988 — Compensation — Assessment of income of deceased — Standard of proof — Where claimants assert a high monthly income (Rs. 95,000/-) for the deceased (a transport contractor owning two trucks), which exceeds the taxable limit, failure to produce Income Tax Returns (ITR) is highly relevant and undermines the claim — The contention that high EMI payments (approx. Rs. 42,500/-) imply double the income is an unfounded assumption, amounting to mere surmises and conjectures. (Paras 3, 6)
Property Matters

Specific performance–Khasra No. which was later on added and, therefore, the question of the plaintiffs being ready and willing to perform the contract as originally stood, does not really arise. Specific performance–Readiness and willingness to perform–An averment of readiness and willingness in the plaint is not a mathematical formula which should only be in specific words.

Sep 7, 2017 sclaw

  2007(5) LAW HERALD (SC) 3816 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce Arijit Pasayat The Hon’ble Mr. Jusitce Lokeshwar Singh Panta Civil Appeal No. 4656…

Property Matters

Urban Ceiling–A person aggrieved who had a remedy of appeal under Section 33 has no statutory right to move in revision–However, for the exercise of revisional power by the State Government it is open to the State Government to examine a petition and on the basis of material indicated therein to decide whether any action in terms of Section 34 is called for.

Sep 5, 2017 sclaw

  2007(5) LAW HERALD (SC) 3792 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No.…

Cr P C

First Information Report—Police Officers had a duty to register the first information report once the allegations disclosed commission of a cognizable offence–But, in an appropriate case, the Police Officers also have a duty to make a preliminary enquiry so as to find out as to whether allegations made had any substance or not. House Trespass–Right of a co-sharer to enjoy the joint family property is a civil right–Criminal proceedings, cannot be taken recourse to for enforcing such a civil right.

Sep 4, 2017 sclaw

  2007(5) LAW HERALD (SC) 3784   IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 1432…

State Laws

Land and Property Law–It may be true that absence of lawful entitlement by itself may not be sufficient to pass a judgment and decree in favour of the State and against the land grabber, but also it must be shown that he had taken illegal possession thereof. Only because a person has entered into possession of a land on the basis of a purported registered sale deed, the same by itself, would not be sufficient to come to the conclusion that he had not entered over the land unauthorisedly, unfairly, or greedily. Question of title—An abstract belief on the part of the vendee that its vendor had a marketable title and it was getting a good title to the land is not decisive.

Sep 4, 2017 sclaw

2007(5) LAW HERALD (SC) 3766  IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 4755 of…

You missed

Accident

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)

Dec 18, 2025 sclaw
Compassionate Appointment

Service Law — Compassionate Appointment — Nature of right — Appointment on compassionate bases is a concession, not a matter of right, and serves as an exception to the general rule of public employment under Articles 14 and 16 of the Constitution of India — Core objective is to enable the dependent family to tide over sudden financial crisis following the death of the employee, providing relief against destitution — It is not intended to provide a post much less a post held by the deceased or a higher post based on educational qualification. (Paras 3, 7, 7.1, 7.3, 11)

Dec 17, 2025 sclaw
Accident

Motor Vehicles Act, 1988 — Compensation for Death of a Child — Calculation of Compensation — Deceased 14-year-old schoolboy — Principles adopted for calculating compensation for death of child — Notional monthly income adopted based on Minimum Wages Act, 1948 for a Class B city (Rs. 5400/- per month) — Addition of 40% for future prospects — Multiplier of 15 adopted based on Reshma Kumari v. Madan Mohan — Deduction of one-half for personal expenses — Statutory heads of compensation (loss of estate, funeral expenses) awarded at Rs. 15,000/- each — Loss of filial consortium awarded at Rs. 40,000/- per parent — Compensation for pain and suffering of the deceased child, who died a day after the accident, awarded at Rs. 25,000/- to inure to the benefit of legal heirs — Total compensation enhanced to Rs. 8,65,400/- with interest at 7.5% per annum. (Paras 7, 8, 9)

Dec 17, 2025 sclaw
Accident

Motor Vehicles Act, 1988 — Compensation — Assessment of income of deceased — Standard of proof — Where claimants assert a high monthly income (Rs. 95,000/-) for the deceased (a transport contractor owning two trucks), which exceeds the taxable limit, failure to produce Income Tax Returns (ITR) is highly relevant and undermines the claim — The contention that high EMI payments (approx. Rs. 42,500/-) imply double the income is an unfounded assumption, amounting to mere surmises and conjectures. (Paras 3, 6)

Dec 17, 2025 sclaw