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
Rent

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 – Section – 12(3)(a), 12(3)(b) – Possession of the suit premises – Predecessor in interest of the respondents instituted a suit under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (the Act) for possession of the suit premises against the appellants-tenants.

Jul 16, 2017 sclaw

  (1995) 7 JT 400 : (1995) 5 SCALE 481 : (1995) 6 SCC 576 SUPREME COURT OF INDIA LAXMIKANT REVCHAND BHOJWANI AND ANOTHER — Appellant Vs. PRATAPSING MOHANSINGH PARDESHI…

Property Matters

Transfer of Property Act, 1882 – Section 76(c) – Mortgage – Redemption of – Mortgagee claiming himself to be in occupation of land as tenant – No consent of mortgagor for creation of tenancy by mortgagee – In terms of mortgage deed – Mortgagee neither managed property as a tenant nor inherited tenancy rights under Tenancy Act – Mortgagee cannot claim any tenancy right in respect of land.

Jul 16, 2017 sclaw

  (2001) 1 JT 401 : (2000) 8 SCALE 463 : (2000) 5 SCR 756 Supp : (2001) AIRSCW 9 SUPREME COURT OF INDIA PURAN CHAND (D) THROUGH LRS. AND…

Cheque Dishonour

Dishonour of Cheque–Notice–An omnibus notice without specifying as to what was the amount due under the dishonoured cheque would not subserve the requirement of law. Dishonour of Cheque–Notice–Demand of payment within 10 days–Whether notice valid ? YES. Dishonour of Cheque–Notice–Unless a notice is served in conformity with Proviso (b) appended to Section 138 of the Act, the complaint petition would not be maintainable.

Jul 13, 2017 sclaw

2007(5) LH (SC) 3404  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. 525 of 2005…

Dowry Death

Dowry Death—Dowry demand—Defence version that since the accused possessed scooter as well as motorcycle, there was no necessity to make demand of scooter ; is totally irrelevant. Remarks by Judge—If that part of the evidence is not consistent with the facts on record, the Court may not accept it. But only for that reason, the Court should not make disparaging remarks.

Jul 12, 2017 sclaw

  2007(4) LAW HERALD (SC) 3380 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce C.K. Thakker The Hon’ble Mr. Jusitce P. Sathasivam Criminal Appeal No. 1612 of…

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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