Supreme Court's Judgments of Nov 2025 : Part 4

Supreme Court's Judgments of November 2025 : Part 4

Civil Law and Execution of Decrees

It has been held in Kapadam Sangalappa v. Kamatam Sangalappa [2025] GCtR 1679 (SC) that "in execution petition, the primary onus lies on the decree-holder to show that the judgment debtor has willfully disobeyed the conditions of the decree. When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him and no one else."

Criminal Law and Acquittal of Murder- Accused in Nithari Killings

In recent decision, Surendra Koli v. State of UP [2025] GCtR 1678 (SC), the murder-accused has been acquitted in allegations related to killings in Nithari. It was held that criminal law does not permit conviction on conjecture or on a hunch. Suspicion, however grave, cannot replace proof beyond reasonable doubt. Courts cannot prefer expediency over legality. When investigations are timely, professional and constitutionally compliant, even the most difficult mysteries can be solved and many crimes can be prevented by early intervention.

Presumption under S.112 of Indian Evidence Act, 1872 and DNA Testing

S.112 of IEA, 1872 deals with legitimacy of a child not only when marriage was valid but even when marriage was dissolved under certain situations. S.112 gives a conclusive proof unless certain facts are shown. It has been held in R. Rajendran v. Kamar Nisha [2025] GCtR 1680 (SC) that "forcefully subjecting an individual to DNA testing constitutes a grave intrusion upon privacy and personal liberty. Such an encroachment can be justified only if it satisfies the threefold test of legality, legitimate State aim, and proportionality." In a case where the legitimacy of a child is questioned, the degree of proof, to rebut the presumption under Section 112 of the Evidence Act, is extremely crucial. Standard of proof required to displace the presumption under Section 112 of IEA, 1872 must be higher than mere preponderance of probabilities, yet need not reach the exacting criminal standard of proof beyond reasonable doubt.  The person seeking to rebut this presumption must, therefore, adduce strong, cogent and unambiguous evidence establishing non-access, failing which, the statutory presumption must prevail.  The presumption under Section 112 operates in favour of legitimacy, and proof of non-access at the relevant period is the only mode of rebuttal recognised by law. In absence of specific plea of non-access, supported by strong and unambiguous evidence, the foundation for displacing the statutory presumption simply does not exist. 

Delhi Ridge Case

In recent decision of In Re : Delhi Ridge [2025] GCtR 1681 (SC) direction has been issued to constitute DRMB by issuing notification under S.3(3) of Environment Protection Act, 1986. The case discussed morphological ridge and ridges in Delhi where it was noted that "The CEC and various other authorities have found that the Ridge Areas are now being rampantly encroached. The entire purpose of the ecological conservation of the Ridge is futile if illegal constructions are coming up throughout the area". Morphological Ridge is an equally important portion which requires preservation. The core functions of the DRMB must be directed towards conservation of the existing Ridge Forests and removal of existing encroachments from the Ridge. The very purpose of the DRMB is to preserve the integrity of the Ridge, as a morphological and ecological feature. Therefore, the DRMB should focus on preservation of existing Ridge forests and further improving the areas through scientific conservation measures. The DRMB should also ensure that fragmentation of Ridge Forests is prevented.

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Part 3 of Judgments of November 2025 are available here at the link given below. Readers can read entire content free of cost :  

https://vishallegalghy.blogspot.com/2025/11/supreme-courts-judgments-of-november.html

Part 2 of Supreme Court's Judgments of November 2025 are available at the link given below : - 

https://vishallegalghy.blogspot.com/2025/11/supreme-courts-judgments-of-nov-2025.html

Part 1 of Judgments of November 2025 are available here at the link given below. Readers can read entire content free of cost :  

https://vishallegalghy.blogspot.com/2025/11/supreme-courts-important-judgments-of.html