Supreme Court of India Judgements

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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. Constitution of India, 1950 — Article 21 — Right to Livelihood and Dignity — Prolonged non-payment of salaries and retiral dues of employees of State-owned Corporations led to severe humanitarian consequences, including destitution and even suicides, impacting the right to livelihood and dignity guaranteed under Article 21 of the Constitution.
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
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.
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.
C P C
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.
Bail Declined

Anticipatory Bail–Relevant considerations–Summed up. Rape–Bail–The prosecutrix was a girl of easy virtue–This may be so but the same by itself may not be a relevant consideration. FIR–It may not always be held to be imperative that all the accused persons must be named in the First Information Report.

Aug 21, 2017 sclaw

  2007(5) LAW HERALD (SC) 3593  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. 1402-1409…

Constitution

Resettlement of stranded persons – The learned Attorney General apart from reiterating the stand taken in their affidavit assured this Court that the Government of India is fully committed to provide all required financial assistance as well as security measures for the immediate and permanent relief to the stranded and affected persons

Aug 20, 2017 sclaw

  (2013) 11 SCALE 676 : (2013) 9 SCC 328 SUPREME COURT OF INDIA MOHD. HAROON AND OTHERS — Appellant Vs. UNION OF INDIA (UOI) AND ANOTHER — Respondent (…

Accident

Accident–Fake Driving Licence–The decision in Swaran Singh’s case has no application to own damage case. Interpretation of Statute–To arrive at the intention of the legislation depending on the objects for which the enactment is made, the Court can resort to historical, contextual and purposive interpretation leaving textual interpretation aside.

Aug 19, 2017 sclaw

  2007(5) LAW HERALD (SC) 3566 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 1140…

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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
C P C

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.

May 31, 2026 sclaw