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.
Accident

Motor Vehicles Act, 1988, S.166—Accident—License—Photocopy of license was marked as exhibit-Once the license was proved by the driver and marked in evidence and without there being any objection by the Insurance Company, the Insurance company had no right to raise any objections about the admissibility and manner of proving the license at a later stage.

Jun 16, 2017 sclaw

2016(5) Law Herald (P&H) 3988 (SC) : 2018 LawHerald.Org 1897 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice J. Chalameswar  The Hon’ble Mr, Justice Abhay Manohar Sapre…

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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