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
Service Matters
Service

Service Law—Seniority—Reservation-Exercise for determining ‘inadequacy of representation’, ‘backwardness’ and ‘overall efficiency’, is a must for exercise of power under Article 16(4A)—Mere fact that there is no proportionate representation in promotional posts for the population of SCs and STs is not by itself enough to grant consequential seniority to promotees

Jun 29, 2017 sclaw

2017(1) Law Herald (SC) 471 : 2017 LawHerald.Org 605 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Adarsh Kumar Goel The Hon’ble Mr. Justice Uday Umesh Laiit…

C P C

Specific Relief Act, 1963, S.34–Suit for Declaration-Suit for a mere declaration without relief of recovery of possession is not maintainable-The plaintiff, who was not in possession, had in the suit claimed only declaratory relief along with mandatory injunction-Plaintiff being out of possession, the relief of recovery of possession was a further relief which ought to have been claimed by the plaintiff.

Jun 28, 2017 sclaw

2017(1) Law Herald (SC) 464 : 2017 LawHerald.Org 604 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Ranjan Gogoi The Hon’ble Mr. Justice Ashok Bhushan Civil Appeal…

Service Matters
Service

Service Law–Seniority–Classification on the basis those who cleared test in time and those who cleared late though with permission—Held; when the Rules did not provide for creation of two classes between the employees working on one cadre; such a classification is not justified.

Jun 28, 2017 sclaw

2017(1) Law Herald (SC) 458 : 2017 LawHerald.Org 607 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice J. Chelameswar  The Hon’ble Mr. Justice Abhay Manohar Sapre Civil…

Cr P C

Quashment—Agreement to Sell—Non performance of contract—Dispute is of civil nature—FIR against seller quashed. Cheating—Mere failure to subsequently keep a promise, one cannot presume that he all along had a culpable intention to break the promise from the beginning. Non-Bailable Warrants—When to be issued—Explained.

Jun 27, 2017 sclaw

  2007(4) LAW HERALD (SC) 3288 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jutsitce R.V. Raveendran, CJI The Hon’ble Mr. Justice Dalveer Bhandari Criminal Appeal No. 1392…

Accident

As a result of accident, appellant suffered 26% disability of right lower limb, 25% disability due to urethral injury and 38% disability to whole body – Even though disability suffered by appellant is not 100%, his working capacity has been reduced to zero – Competent Court is entitled to award higher compensation to victim of accident – Amount of compensation enhanced to Rs. 8,37,640/-.

Jun 26, 2017 sclaw

  (2012) ACJ 191 : (2011) 13 JT 205 : (2012) 1 RCR(Civil) 509 : (2011) 12 SCALE 658 : (2012) 1 TAC 376 : (2012) 1 UJ 89 SUPREME…

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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