Supreme Court of India Judgements

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State Financial Corporations Act, 1951 — Sections 29 & 30 — Auction sale of mortgaged property by Financial Corporation for recovery of dues — Judicial review of, scope — Borrowers persistently defaulting over eight years despite multiple opportunities, repayment schedules fixed by High Court, and statutory notices — Financial Corporation auctioning mortgaged property after affording repeated chances including a final 21-day matching offer, which borrowers ignored — Held, fairness required of a Financial Corporation cannot be carried to the extent of disabling it from recovering what is due to it; fairness is not a one-way street — Courts have no say in matters between the Corporation and its debtor except where there is (a) statutory violation, or (b) the Corporation has acted unfairly/unreasonably — Writ court/civil court does not sit as an appellate authority over commercial decisions of the Corporation — Absence of prior valuation report, by itself, held insufficient to vitiate auction where borrowers never objected to the basis of sale (BOS — balance outstanding as on date of possession/sale deed) and themselves sought to retain the property on the very same terms — Concurrent findings of Trial Court and High Court setting aside auction sale, reversed. Protection of Children from Sexual Offences Act, 2012 — Sections 19(1) & 21 — “Knowledge that such an offence has been committed” — Meaning and scope — Held, not confined to direct/personal knowledge of commission of offence based on person’s own senses — Includes awareness founded on receipt of credible information regarding commission of offence punishable under the Act — Where such information is received directly from the victim, capable of communicating/reporting/informing, the same is deemed credible — Restrictive construction confining “knowledge” to direct, sensory knowledge would render sub-sections (5) & (6) of S. 19 and R. 4 of POCSO Rules, 2012 non-functional, and defeat the protective purpose of the Act — Person receiving report from victim not obliged to independently verify or investigate truth of allegation before reporting — Conducting a prior “verification exercise” to ascertain correctness of the child’s complaint, and reporting only if own assessment finds signs of assault, is impermissible and defeats the very purpose of the Act, since it may result in disappearance of evidence and delay — Delhi Rent Control Act, 1958 — Section 14(1)(b) — Subletting, assignment or parting with possession — Whether involuntary transfer pursuant to statutory scheme of bank amalgamation attracts the provision — Original tenant-bank (HCB) amalgamated with another bank (PNB) pursuant to a Scheme framed by RBI and notified by the Central Government under S. 45 of the Banking Regulation Act, 1949 — Consequent thereto, HCB ceased to exist and all its rights, including tenancy rights in the demised premises, vested in PNB, which came into possession without the landlord’s written consent — Held, S. 14(1)(b) is of wide amplitude, covering subletting, assignment, and “any other mode” by which possession is parted with, and does not distinguish between voluntary and involuntary transfers — Once the twin ingredients — transfer of tenancy rights/possession, and absence of the landlord’s written consent — are satisfied, the provision is attracted irrespective of the reasons necessitating the transfer — Contention that a statutory amalgamation stands outside the mischief of the provision, rejected Evidence Act, 1872 — Section 48 — Proof of custom — Essential attributes and standard of proof — Custom must be ancient, certain, reasonable, and continuous, and proved by clear and cogent evidence of long and uniform usage, ordinarily through testimony of persons familiar with its practice — Onus lies on the party asserting the custom — A custom cannot be held established on the solitary, unsupported testimony of one witness, particularly where such testimony is confined to the facts of the case rather than a general and consistent practice — Held, on facts, while the custom of a ghardamad acquiring rights in his father-in-law’s property stood proved, the specific claim that an uncle-in-law could similarly adopt a ghardamad was not established, being unsupported by consistent evidence — Civil Procedure Code, 1908 (CPC) — Orrder 11 Rules 1(4) & 5 (as amended by Commercial Courts Act, 2015, Sch.) — Additional documents, filing of — Standard of “reasonable cause” — Held, plaintiff obliged to file all documents in its possession along with plaint; leave to file additional documents within 30 days of institution of suit permissible only on establishing reasonable cause for non-disclosure and justification for subsequent discovery — Distinction between “reasonable cause” (applicable standard under Or. XI Rr. 1(4)/(5)) and “sufficient cause” reaffirmed, following Sudhir Kumar v. Vinay Kumar G.B., (2021) 13 SCC 71 — However, even applying the lower threshold of “reasonable cause”, application for additional documents rightly rejected where documents were in appellant’s possession since inception of suit and no explanation furnished for delay of over five years — Commercial Courts Act, 2015
C P C State Laws

State Financial Corporations Act, 1951 — Sections 29 & 30 — Auction sale of mortgaged property by Financial Corporation for recovery of dues — Judicial review of, scope — Borrowers persistently defaulting over eight years despite multiple opportunities, repayment schedules fixed by High Court, and statutory notices — Financial Corporation auctioning mortgaged property after affording repeated chances including a final 21-day matching offer, which borrowers ignored — Held, fairness required of a Financial Corporation cannot be carried to the extent of disabling it from recovering what is due to it; fairness is not a one-way street — Courts have no say in matters between the Corporation and its debtor except where there is (a) statutory violation, or (b) the Corporation has acted unfairly/unreasonably — Writ court/civil court does not sit as an appellate authority over commercial decisions of the Corporation — Absence of prior valuation report, by itself, held insufficient to vitiate auction where borrowers never objected to the basis of sale (BOS — balance outstanding as on date of possession/sale deed) and themselves sought to retain the property on the very same terms — Concurrent findings of Trial Court and High Court setting aside auction sale, reversed.

Jul 12, 2026 sclaw
POCSO

Protection of Children from Sexual Offences Act, 2012 — Sections 19(1) & 21 — “Knowledge that such an offence has been committed” — Meaning and scope — Held, not confined to direct/personal knowledge of commission of offence based on person’s own senses — Includes awareness founded on receipt of credible information regarding commission of offence punishable under the Act — Where such information is received directly from the victim, capable of communicating/reporting/informing, the same is deemed credible — Restrictive construction confining “knowledge” to direct, sensory knowledge would render sub-sections (5) & (6) of S. 19 and R. 4 of POCSO Rules, 2012 non-functional, and defeat the protective purpose of the Act — Person receiving report from victim not obliged to independently verify or investigate truth of allegation before reporting — Conducting a prior “verification exercise” to ascertain correctness of the child’s complaint, and reporting only if own assessment finds signs of assault, is impermissible and defeats the very purpose of the Act, since it may result in disappearance of evidence and delay —

Jul 12, 2026 sclaw
State Financial Corporations Act, 1951 — Sections 29 & 30 — Auction sale of mortgaged property by Financial Corporation for recovery of dues — Judicial review of, scope — Borrowers persistently defaulting over eight years despite multiple opportunities, repayment schedules fixed by High Court, and statutory notices — Financial Corporation auctioning mortgaged property after affording repeated chances including a final 21-day matching offer, which borrowers ignored — Held, fairness required of a Financial Corporation cannot be carried to the extent of disabling it from recovering what is due to it; fairness is not a one-way street — Courts have no say in matters between the Corporation and its debtor except where there is (a) statutory violation, or (b) the Corporation has acted unfairly/unreasonably — Writ court/civil court does not sit as an appellate authority over commercial decisions of the Corporation — Absence of prior valuation report, by itself, held insufficient to vitiate auction where borrowers never objected to the basis of sale (BOS — balance outstanding as on date of possession/sale deed) and themselves sought to retain the property on the very same terms — Concurrent findings of Trial Court and High Court setting aside auction sale, reversed.
C P C State Laws
State Financial Corporations Act, 1951 — Sections 29 & 30 — Auction sale of mortgaged property by Financial Corporation for recovery of dues — Judicial review of, scope — Borrowers persistently defaulting over eight years despite multiple opportunities, repayment schedules fixed by High Court, and statutory notices — Financial Corporation auctioning mortgaged property after affording repeated chances including a final 21-day matching offer, which borrowers ignored — Held, fairness required of a Financial Corporation cannot be carried to the extent of disabling it from recovering what is due to it; fairness is not a one-way street — Courts have no say in matters between the Corporation and its debtor except where there is (a) statutory violation, or (b) the Corporation has acted unfairly/unreasonably — Writ court/civil court does not sit as an appellate authority over commercial decisions of the Corporation — Absence of prior valuation report, by itself, held insufficient to vitiate auction where borrowers never objected to the basis of sale (BOS — balance outstanding as on date of possession/sale deed) and themselves sought to retain the property on the very same terms — Concurrent findings of Trial Court and High Court setting aside auction sale, reversed.
Protection of Children from Sexual Offences Act, 2012 — Sections 19(1) & 21 — “Knowledge that such an offence has been committed” — Meaning and scope — Held, not confined to direct/personal knowledge of commission of offence based on person’s own senses — Includes awareness founded on receipt of credible information regarding commission of offence punishable under the Act — Where such information is received directly from the victim, capable of communicating/reporting/informing, the same is deemed credible — Restrictive construction confining “knowledge” to direct, sensory knowledge would render sub-sections (5) & (6) of S. 19 and R. 4 of POCSO Rules, 2012 non-functional, and defeat the protective purpose of the Act — Person receiving report from victim not obliged to independently verify or investigate truth of allegation before reporting — Conducting a prior “verification exercise” to ascertain correctness of the child’s complaint, and reporting only if own assessment finds signs of assault, is impermissible and defeats the very purpose of the Act, since it may result in disappearance of evidence and delay —
POCSO
Protection of Children from Sexual Offences Act, 2012 — Sections 19(1) & 21 — “Knowledge that such an offence has been committed” — Meaning and scope — Held, not confined to direct/personal knowledge of commission of offence based on person’s own senses — Includes awareness founded on receipt of credible information regarding commission of offence punishable under the Act — Where such information is received directly from the victim, capable of communicating/reporting/informing, the same is deemed credible — Restrictive construction confining “knowledge” to direct, sensory knowledge would render sub-sections (5) & (6) of S. 19 and R. 4 of POCSO Rules, 2012 non-functional, and defeat the protective purpose of the Act — Person receiving report from victim not obliged to independently verify or investigate truth of allegation before reporting — Conducting a prior “verification exercise” to ascertain correctness of the child’s complaint, and reporting only if own assessment finds signs of assault, is impermissible and defeats the very purpose of the Act, since it may result in disappearance of evidence and delay —
Delhi Rent Control Act, 1958 — Section 14(1)(b) — Subletting, assignment or parting with possession — Whether involuntary transfer pursuant to statutory scheme of bank amalgamation attracts the provision — Original tenant-bank (HCB) amalgamated with another bank (PNB) pursuant to a Scheme framed by RBI and notified by the Central Government under S. 45 of the Banking Regulation Act, 1949 — Consequent thereto, HCB ceased to exist and all its rights, including tenancy rights in the demised premises, vested in PNB, which came into possession without the landlord’s written consent — Held, S. 14(1)(b) is of wide amplitude, covering subletting, assignment, and “any other mode” by which possession is parted with, and does not distinguish between voluntary and involuntary transfers — Once the twin ingredients — transfer of tenancy rights/possession, and absence of the landlord’s written consent — are satisfied, the provision is attracted irrespective of the reasons necessitating the transfer — Contention that a statutory amalgamation stands outside the mischief of the provision, rejected
Rent
Delhi Rent Control Act, 1958 — Section 14(1)(b) — Subletting, assignment or parting with possession — Whether involuntary transfer pursuant to statutory scheme of bank amalgamation attracts the provision — Original tenant-bank (HCB) amalgamated with another bank (PNB) pursuant to a Scheme framed by RBI and notified by the Central Government under S. 45 of the Banking Regulation Act, 1949 — Consequent thereto, HCB ceased to exist and all its rights, including tenancy rights in the demised premises, vested in PNB, which came into possession without the landlord’s written consent — Held, S. 14(1)(b) is of wide amplitude, covering subletting, assignment, and “any other mode” by which possession is parted with, and does not distinguish between voluntary and involuntary transfers — Once the twin ingredients — transfer of tenancy rights/possession, and absence of the landlord’s written consent — are satisfied, the provision is attracted irrespective of the reasons necessitating the transfer — Contention that a statutory amalgamation stands outside the mischief of the provision, rejected
Evidence Act, 1872 — Section 48 — Proof of custom — Essential attributes and standard of proof — Custom must be ancient, certain, reasonable, and continuous, and proved by clear and cogent evidence of long and uniform usage, ordinarily through testimony of persons familiar with its practice — Onus lies on the party asserting the custom — A custom cannot be held established on the solitary, unsupported testimony of one witness, particularly where such testimony is confined to the facts of the case rather than a general and consistent practice — Held, on facts, while the custom of a ghardamad acquiring rights in his father-in-law’s property stood proved, the specific claim that an uncle-in-law could similarly adopt a ghardamad was not established, being unsupported by consistent evidence —
Evidence Act
Evidence Act, 1872 — Section 48 — Proof of custom — Essential attributes and standard of proof — Custom must be ancient, certain, reasonable, and continuous, and proved by clear and cogent evidence of long and uniform usage, ordinarily through testimony of persons familiar with its practice — Onus lies on the party asserting the custom — A custom cannot be held established on the solitary, unsupported testimony of one witness, particularly where such testimony is confined to the facts of the case rather than a general and consistent practice — Held, on facts, while the custom of a ghardamad acquiring rights in his father-in-law’s property stood proved, the specific claim that an uncle-in-law could similarly adopt a ghardamad was not established, being unsupported by consistent evidence —
I P C Unlawful Activities (Prevention) Act

Unlawful Activities (Prevention) Act, 1967— Section 16 — Sanction for prosecution — The court held that a sanction for prosecution under Section 16 of the Act, 1967, must be based on an independent review of the evidence collected during the course of investigation by the appropriate authority — If the sanction is not based on such a review, it is invalid – while the gravity of the offence and the possibility of tampering with evidence are important considerations, they must be balanced against the accused’s right to liberty — The court must ensure that the accused is not kept in custody for an unreasonable period of time- that a foreign national cannot be denied bail solely on the ground that they are a foreign national — The court must consider other factors, such as the length of time already spent in custody, the likelihood of the trial being completed in the near future, and the accused’s ties to the community – bail conditions cannot be arbitrary or onerous, and they must be consistent with the object of granting bail — The court cannot impose conditions that infringe upon the accused’s right to privacy or that are impossible for the accused to comply with.

Jul 20, 2024 sclaw

2024 INSC 534 SUPREME COURT OF INDIA DIVISION BENCH SHEIKH JAVED IQBAL @ ASHFAQ ANSARI @ JAVED ANSARI — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before :…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 227 — Discharge — The appellant, had filed an application under Section 227 of the Cr.PC seeking discharge in a case related to the custodial death of cashier/accountant — The court found that there was no sufficient ground for proceeding against the appellant based on the record of the case and the documents submitted therewith — The court clarified that its observations were made only in relation to the appellant and not the other accused in the case — The court allowed the application filed by the appellant under Section 227, Cr.PC, and discharged the appellant from the case.

Jul 16, 2024 sclaw

2024 INSC 522 SUPREME COURT OF INDIA DIVISION BENCH RAM PRAKASH CHADHA — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : C.T. Ravikumar and Sudhanshu Dhulia,…

Constitution Reservation

Constitution of India, 1950 — Article 341 — Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1991 — The Supreme Court has quashed the Bihar government’s 2015 resolution that sought to merge the “Tanti-Tantwa” caste with the “Pan-Sawasi” caste in the Scheduled Castes list — The court ruled that the state government had no authority or power to alter the list of Scheduled Castes notified under Article 341 of the Constitution — The court also directed that any appointments made under the 2015 resolution be set aside, and the posts be returned to the Scheduled Castes quota — The members of the “Tanti-Tantwa” community who were appointed under the resolution will be accommodated in their original category of Extremely Backward Classes.

Jul 16, 2024 sclaw

2024 INSC 528 SUPREME COURT OF INDIA DIVISION BENCH DR. BHIM RAO AMBEDKAR VICHAR MANCH BIHAR — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before :…

State Laws

Punjab Agricultural Produce Markets Act, 1961 — Section 23 — Punjab Rural Development Act, 1987 — Section 5 — Exemption from Market fees — Market fees and Rural Development fees are distinct fees levied under two different statutes with different objects and purposes — The court further clarified that the exemption from Market fees under the 2003 Industrial Policy does not automatically extend to Rural Development fees — The court set aside the orders of the Punjab & Haryana High Court and dismissed the writ petition exemption from payment of Rural Development fees.

Jul 16, 2024 sclaw

2024 INSC 526 SUPREME COURT OF INDIA DIVISION BENCH STATE OF PUNJAB AND OTHERS — Appellant Vs. M/S PUNJAB SPINTEX LTD. — Respondent ( Before : Vikram Nath and Prashant…

I P C

Penal Code, 1860 (IPC) — Section 494 — Bigamy — The appellant accused his wife (first accused) of committing bigamy by marrying the second accused while their marriage was still valid — The trial court convicted the first and second accused, but the High Court later acquitted them — Whether the High Court was right in not restoring the sentence imposed by the trial court and whether the sentence was too lenient — The Supreme Court modified the sentence to six months of simple imprisonment and reduced the fine to Rs. 2,000 each — The Court emphasized the importance of proportionality in sentencing and the need to impose adequate punishment for serious offenses like bigamy.

Jul 16, 2024 sclaw

2024 INSC 523 SUPREME COURT OF INDIA DIVISION BENCH BABA NATARAJAN PRASAD — Appellant Vs. M. REVATHI — Respondent ( Before : C.T. Ravikumar and Sanjay Kumar, JJ. ) Criminal…

C P C

Civil Procedure Code, 1908 (CPC) — Order 23 Rule 3 — Validity of Compromise Decrees — The court clarified that for a valid compromise decree, there must be a lawful agreement or compromise in writing and signed by the parties, which must then be proved to the satisfaction of the court — Mere statements of the parties before the court about such a said compromise cannot satisfy the requirements of Order 23 Rule 3 of the CPC. The court held that if an order is not a compromise decree under Order XXIII Rule 3, then the restrictions imposed under Rule 3A would have no relevance. Transfer of Property Act, 1882 — Section 52 — Doctrine of Lis Pendens — The court clarified that the execution of a sale deed during the pendency of a suit does not make the sale deed void ab initio — The purchaser takes the bargain subject to the rights of the plaintiff in the pending suit.

Jul 16, 2024 sclaw

2024 INSC 527 SUPREME COURT OF INDIA DIVISION BENCH AMRO DEVI AND OTHERS — Appellant Vs. JULFI RAM (DECEASED) THROUGH LRS. AND OTHERS — Respondent ( Before : Vikram Nath…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 321 — Penal Code, 1860 (IPC) — Sections 147, 148, 149, 307 and 302 — Withdrawal of prosecution — The Supreme Court has set aside the withdrawal of prosecution of an accused in a double murder case, who was elected as a Member of Legislative Assembly (MLA) in Uttar Pradesh — The court observed that political power should not be leveraged to secure the withdrawal of prosecution of an accused person named in the charge sheet after thorough investigation — The court also criticized the High Court for repeatedly allowing adjournments in the case, allowing the accused persons to deploy dilatory tactics to delay their trial — The court directed the High Court to ensure that justice is not further delayed or compromised due to political influence or any other extraneous factors — The court emphasized the paramount importance of ensuring the progression of the trial without further delay.

Jul 16, 2024 sclaw

2024 INSC 529 SUPREME COURT OF INDIA DIVISION BENCH SHAILENDRA KUMAR SRIVASTAVA — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Vikram Nath and…

Corporate

Drugs (Price Control) Order, 1995 — Paragraph 13 — Recovery of overcharged amount of drugs — Demand made by the National Pharmaceutical Pricing Authority (NPPA) to recover an overcharged amount for a Cloxacillin-based drug formulation called Roscilox — The Court found that the appellant’s admission of purchasing the drug directly from the manufacturer made it liable under Paragraph 13 of the Drugs (Price Control) Order, 1995 (DPCO) — The Court also rejected the appellant’s claim that it was only a ‘dealer’ and not a ‘distributor’ under the DPCO, as the definitions of these terms under the DPCO are not mutually exclusive — The Court further noted that the objective of the DPCO is to control the prices of medicinal drug formulations and ensure they are made available to the common man, and thus, the provision should not be subjected to a restricted or hidebound interpretation — Appeal Dismissed.

Jul 16, 2024 sclaw

2024 INSC 521 SUPREME COURT OF INDIA DIVISION BENCH M/S. SUN PHARMACEUTICAL INDUSTRIES LTD. — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Sanjay Kumar and…

Constitution Prevention of Money Laundering Act

Prevention of Money Laundering Act, 2002 — Section 19 — Interim bail — Whether the “need and necessity to arrest” is a separate ground to challenge the order of arrest passed under Section 19(1) of the Act (PMLA) to a larger bench — The court also questioned whether the “need and necessity to arrest” refers to the satisfaction of formal parameters to arrest and take a person into custody or if it relates to other personal grounds and reasons regarding the necessity to arrest a person in the facts and circumstances of the case — The court further questioned the parameters and facts that are to be taken into consideration by the court while examining the question of “need and necessity to arrest” — The court’s observations are for deciding the present appeal and will not be construed as findings on the merits of the case or allegations — The court granted interim bail to Arvind Kejriwal, the Chief Minister of Delhi, who was arrested in connection with a money laundering case.

Jul 15, 2024 sclaw

2024 INSC 512 SUPREME COURT OF INDIA DIVISION BENCH ARVIND KEJRIWAL — Appellant Vs. DIRECTORATE OF ENFORCEMENT — Respondent ( Before : Sanjiv Khanna and Dipankar Datta, JJ. ) Criminal…

Constitution

Constitution of India, 1950 — Article 131 — Delhi Special Police Establishment Act, 1946 — Section 6 — The State of West Bengal filed a suit against the Union of India, challenging the Central Bureau of Investigation (CBI)’s authority to register cases in West Bengal after withdrawing consent under Section 6 of the DSPE Act — The main issue is the maintainability of the suit, which focuses on whether the CBI can continue to register and investigate cases without the state’s consent — The State argues that post-withdrawal of consent, the CBI’s actions are unconstitutional and violate federalism principles — The Union of India argues that the suit is not maintainable under Article 131 of the Constitution and that the CBI is under the superintendence of the Central Vigilance Commission (CVC) — The Court rejected the Union’s preliminary objections, stating that the jurisdiction under Article 131 is applicable and the dispute involves a question of law on which the existence or extent of a legal right depends — The suit will proceed on its merits, with the next hearing scheduled for August 13, 2024.

Jul 13, 2024 sclaw

2024 INSC 502 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF WEST BENGAL — Appellant Vs. UNION OF INDIA — Respondent ( Before : B.R. Gavai and Sandeep Mehta,…

You missed

C P C State Laws

State Financial Corporations Act, 1951 — Sections 29 & 30 — Auction sale of mortgaged property by Financial Corporation for recovery of dues — Judicial review of, scope — Borrowers persistently defaulting over eight years despite multiple opportunities, repayment schedules fixed by High Court, and statutory notices — Financial Corporation auctioning mortgaged property after affording repeated chances including a final 21-day matching offer, which borrowers ignored — Held, fairness required of a Financial Corporation cannot be carried to the extent of disabling it from recovering what is due to it; fairness is not a one-way street — Courts have no say in matters between the Corporation and its debtor except where there is (a) statutory violation, or (b) the Corporation has acted unfairly/unreasonably — Writ court/civil court does not sit as an appellate authority over commercial decisions of the Corporation — Absence of prior valuation report, by itself, held insufficient to vitiate auction where borrowers never objected to the basis of sale (BOS — balance outstanding as on date of possession/sale deed) and themselves sought to retain the property on the very same terms — Concurrent findings of Trial Court and High Court setting aside auction sale, reversed.

Jul 12, 2026 sclaw
POCSO

Protection of Children from Sexual Offences Act, 2012 — Sections 19(1) & 21 — “Knowledge that such an offence has been committed” — Meaning and scope — Held, not confined to direct/personal knowledge of commission of offence based on person’s own senses — Includes awareness founded on receipt of credible information regarding commission of offence punishable under the Act — Where such information is received directly from the victim, capable of communicating/reporting/informing, the same is deemed credible — Restrictive construction confining “knowledge” to direct, sensory knowledge would render sub-sections (5) & (6) of S. 19 and R. 4 of POCSO Rules, 2012 non-functional, and defeat the protective purpose of the Act — Person receiving report from victim not obliged to independently verify or investigate truth of allegation before reporting — Conducting a prior “verification exercise” to ascertain correctness of the child’s complaint, and reporting only if own assessment finds signs of assault, is impermissible and defeats the very purpose of the Act, since it may result in disappearance of evidence and delay —

Jul 12, 2026 sclaw
Rent

Delhi Rent Control Act, 1958 — Section 14(1)(b) — Subletting, assignment or parting with possession — Whether involuntary transfer pursuant to statutory scheme of bank amalgamation attracts the provision — Original tenant-bank (HCB) amalgamated with another bank (PNB) pursuant to a Scheme framed by RBI and notified by the Central Government under S. 45 of the Banking Regulation Act, 1949 — Consequent thereto, HCB ceased to exist and all its rights, including tenancy rights in the demised premises, vested in PNB, which came into possession without the landlord’s written consent — Held, S. 14(1)(b) is of wide amplitude, covering subletting, assignment, and “any other mode” by which possession is parted with, and does not distinguish between voluntary and involuntary transfers — Once the twin ingredients — transfer of tenancy rights/possession, and absence of the landlord’s written consent — are satisfied, the provision is attracted irrespective of the reasons necessitating the transfer — Contention that a statutory amalgamation stands outside the mischief of the provision, rejected

Jul 12, 2026 sclaw
Evidence Act

Evidence Act, 1872 — Section 48 — Proof of custom — Essential attributes and standard of proof — Custom must be ancient, certain, reasonable, and continuous, and proved by clear and cogent evidence of long and uniform usage, ordinarily through testimony of persons familiar with its practice — Onus lies on the party asserting the custom — A custom cannot be held established on the solitary, unsupported testimony of one witness, particularly where such testimony is confined to the facts of the case rather than a general and consistent practice — Held, on facts, while the custom of a ghardamad acquiring rights in his father-in-law’s property stood proved, the specific claim that an uncle-in-law could similarly adopt a ghardamad was not established, being unsupported by consistent evidence —

Jul 12, 2026 sclaw