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Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Auction Sale — Compliance with Rule 9 — Mandatory Nature — Payment of Balance 75% Beyond 15-Day Period — No Written Agreement for Extension — Sale Set Aside — Article 142 — Redemption Opportunity Granted to Legal Heirs of Deceased Guarantor. Third Judge under S. 392 CrPC cannot disturb unanimous Division Bench findings; reference confined to disagreed accused only.–Criminal Procedure Code, 1973 (CrPC) — Section 392 — Third Judge — Power to give independent opinion — Options available — When an appeal is heard by a Division Bench and the Judges are divided in opinion, the appeal is laid before a third Judge under S. 392 — The third Judge is not confined to choosing between the two views expressed by the Division Bench Judges — The third Judge may: (i) agree with either of the two opinions expressed; (ii) form an independent view at divergence with both opinions; or (iii) where warranted, receive additional evidence under S. 391 before forming an opinion — The opinion of the third Judge governs and the judgment follows therefrom. Constitution of India, 1950 — Article 226(1) — Territorial jurisdiction — Writ petition by CAPF personnel — Delhi High Court — Jurisdiction based on situs of respondent’s office —The Delhi High Court has territorial jurisdiction under Art. 226(1) of the Constitution to entertain a writ petition preferred by any enrolled member of the Border Security Force or any Central Armed Police Force (CAPF) who is aggrieved by an administrative order of termination of service, by reason of the situs of the offices of the Union of India and the Director General of the concerned CAPF in New Delhi — and this jurisdictional competence subsists notwithstanding that the impugned order of termination was issued from a place outside the territorial limits of the Delhi High Court and that no part of the cause of action arose within such limits — The Union of India and the Director General, BSF are necessary parties to such a writ petition by virtue of Ss. 4 and 5 of the BSF Act and the requirement under R. 22(4) of the BSF Rules that every order of dismissal/removal be reported to the Director General; there is, moreover, a presumption that official acts have been regularly performed. Motor Vehicles Act, 1988 — Section 168 — Compensation — Death of homemaker — New head of ‘Loss of Domestic Care’ — Basis and quantum — The conventional method of computing compensation upon the death of a homemaker suffers from an inherent disadvantage — Notional income, as assigned by earlier decisions, fails to capture the economic, emotional and managerial contributions that a homemaker makes to the household and to nation-building at large — In recognition of the multifarious yet unquantified roles of a homemaker — (i) contribution towards smooth functioning of the household; (ii) loss of maternal support to children; and (iii) loss of spousal/parental support — a composite sum of Rs. 30,000/- per month shall be added under the head ‘Loss of Domestic Care’ — This sum shall serve as the stand-in monthly income where the homemaker has no conventional monetary income — It shall be revised cumulatively by 10% every three years — Where the homemaker is part of the paid workforce, this head shall be in addition to the proved monthly income. Hindu Minority and Guardianship Act, 1956 — Section 8(3) — Unauthorized alienation of minor’s property — Such alienation is voidable, not void ab initio, and can be challenged by the minor upon attaining majority or by someone claiming under the minor.
Cr P C

Third Judge under S. 392 CrPC cannot disturb unanimous Division Bench findings; reference confined to disagreed accused only.–Criminal Procedure Code, 1973 (CrPC) — Section 392 — Third Judge — Power to give independent opinion — Options available — When an appeal is heard by a Division Bench and the Judges are divided in opinion, the appeal is laid before a third Judge under S. 392 — The third Judge is not confined to choosing between the two views expressed by the Division Bench Judges — The third Judge may: (i) agree with either of the two opinions expressed; (ii) form an independent view at divergence with both opinions; or (iii) where warranted, receive additional evidence under S. 391 before forming an opinion — The opinion of the third Judge governs and the judgment follows therefrom.

Jun 12, 2026 sclaw
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Auction Sale — Compliance with Rule 9 — Mandatory Nature — Payment of Balance 75% Beyond 15-Day Period — No Written Agreement for Extension — Sale Set Aside — Article 142 — Redemption Opportunity Granted to Legal Heirs of Deceased Guarantor.
SARFAESI
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Auction Sale — Compliance with Rule 9 — Mandatory Nature — Payment of Balance 75% Beyond 15-Day Period — No Written Agreement for Extension — Sale Set Aside — Article 142 — Redemption Opportunity Granted to Legal Heirs of Deceased Guarantor.
Third Judge under S. 392 CrPC cannot disturb unanimous Division Bench findings; reference confined to disagreed accused only.–Criminal Procedure Code, 1973 (CrPC) — Section 392 — Third Judge — Power to give independent opinion — Options available — When an appeal is heard by a Division Bench and the Judges are divided in opinion, the appeal is laid before a third Judge under S. 392 — The third Judge is not confined to choosing between the two views expressed by the Division Bench Judges — The third Judge may: (i) agree with either of the two opinions expressed; (ii) form an independent view at divergence with both opinions; or (iii) where warranted, receive additional evidence under S. 391 before forming an opinion — The opinion of the third Judge governs and the judgment follows therefrom.
Cr P C
Third Judge under S. 392 CrPC cannot disturb unanimous Division Bench findings; reference confined to disagreed accused only.–Criminal Procedure Code, 1973 (CrPC) — Section 392 — Third Judge — Power to give independent opinion — Options available — When an appeal is heard by a Division Bench and the Judges are divided in opinion, the appeal is laid before a third Judge under S. 392 — The third Judge is not confined to choosing between the two views expressed by the Division Bench Judges — The third Judge may: (i) agree with either of the two opinions expressed; (ii) form an independent view at divergence with both opinions; or (iii) where warranted, receive additional evidence under S. 391 before forming an opinion — The opinion of the third Judge governs and the judgment follows therefrom.
Constitution of India, 1950 — Article 226(1) — Territorial jurisdiction — Writ petition by CAPF personnel — Delhi High Court — Jurisdiction based on situs of respondent’s office —The Delhi High Court has territorial jurisdiction under Art. 226(1) of the Constitution to entertain a writ petition preferred by any enrolled member of the Border Security Force or any Central Armed Police Force (CAPF) who is aggrieved by an administrative order of termination of service, by reason of the situs of the offices of the Union of India and the Director General of the concerned CAPF in New Delhi — and this jurisdictional competence subsists notwithstanding that the impugned order of termination was issued from a place outside the territorial limits of the Delhi High Court and that no part of the cause of action arose within such limits — The Union of India and the Director General, BSF are necessary parties to such a writ petition by virtue of Ss. 4 and 5 of the BSF Act and the requirement under R. 22(4) of the BSF Rules that every order of dismissal/removal be reported to the Director General; there is, moreover, a presumption that official acts have been regularly performed.
Constitution Service
Constitution of India, 1950 — Article 226(1) — Territorial jurisdiction — Writ petition by CAPF personnel — Delhi High Court — Jurisdiction based on situs of respondent’s office —The Delhi High Court has territorial jurisdiction under Art. 226(1) of the Constitution to entertain a writ petition preferred by any enrolled member of the Border Security Force or any Central Armed Police Force (CAPF) who is aggrieved by an administrative order of termination of service, by reason of the situs of the offices of the Union of India and the Director General of the concerned CAPF in New Delhi — and this jurisdictional competence subsists notwithstanding that the impugned order of termination was issued from a place outside the territorial limits of the Delhi High Court and that no part of the cause of action arose within such limits — The Union of India and the Director General, BSF are necessary parties to such a writ petition by virtue of Ss. 4 and 5 of the BSF Act and the requirement under R. 22(4) of the BSF Rules that every order of dismissal/removal be reported to the Director General; there is, moreover, a presumption that official acts have been regularly performed.
Motor Vehicles Act, 1988 — Section 168 — Compensation — Death of homemaker — New head of ‘Loss of Domestic Care’ — Basis and quantum — The conventional method of computing compensation upon the death of a homemaker suffers from an inherent disadvantage — Notional income, as assigned by earlier decisions, fails to capture the economic, emotional and managerial contributions that a homemaker makes to the household and to nation-building at large — In recognition of the multifarious yet unquantified roles of a homemaker — (i) contribution towards smooth functioning of the household; (ii) loss of maternal support to children; and (iii) loss of spousal/parental support — a composite sum of Rs. 30,000/- per month shall be added under the head ‘Loss of Domestic Care’ — This sum shall serve as the stand-in monthly income where the homemaker has no conventional monetary income — It shall be revised cumulatively by 10% every three years — Where the homemaker is part of the paid workforce, this head shall be in addition to the proved monthly income.
Accident
Motor Vehicles Act, 1988 — Section 168 — Compensation — Death of homemaker — New head of ‘Loss of Domestic Care’ — Basis and quantum — The conventional method of computing compensation upon the death of a homemaker suffers from an inherent disadvantage — Notional income, as assigned by earlier decisions, fails to capture the economic, emotional and managerial contributions that a homemaker makes to the household and to nation-building at large — In recognition of the multifarious yet unquantified roles of a homemaker — (i) contribution towards smooth functioning of the household; (ii) loss of maternal support to children; and (iii) loss of spousal/parental support — a composite sum of Rs. 30,000/- per month shall be added under the head ‘Loss of Domestic Care’ — This sum shall serve as the stand-in monthly income where the homemaker has no conventional monetary income — It shall be revised cumulatively by 10% every three years — Where the homemaker is part of the paid workforce, this head shall be in addition to the proved monthly income.
Service Matters
Service

Army Rules, 1954 – Rule 13(3)(III)(v) – Discharge from service – Offences for which the red ink entries are awarded, cannot be said to be such gross mis­conduct which would make the appellant indiscipline and liable to be discharged from service and that too, after a period of long service rendered by him – Order of discharge is wholly unjustified and not sustainable at law – Appeal allowed.

Sep 30, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH NARAIN SINGH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Arun Mishra, M. R. Shah and B. R. Gavai,…

Service Matters
Service

Army Act, 1950 – Sections 3, 3(i), 8 and 9 – Disability pension- There has to be a relevant and reasonable causal connection, howsoever remote, between the incident resulting in such disability/death and military service for it to be attributable. This conditionality applies even when a person is posted and leave; notwithstanding both being considered as ‘duty’.

Sep 30, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE SECRETARY, GOVERNMENT OF INDIA AND OTHERS — Appellant Vs. DHARAMBIR SINGH — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ.…

Rent

Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 – Sections 10(3)(a)(iii) and 14(1)(b) – Bonafide requirement – Nature of the requirement as stated by the landlord would be for running a garment shop .Mere non ­production of the approved plan or the documents to indicate financial capacity at this juncture cannot be held fatal in the instant facts

Sep 30, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH D. SASI KUMAR — Appellant Vs. SOUNDARARAJAN — Respondent ( Before : R. Banumathi and A.S. Bopanna, JJ. ) Civil Appeal Nos. 7546-7547 of…

Arbitration

Arbitration and Conciliation Act, 1996 – Sections 34, 34(2), 34(5) and 34(6) – Permission to adduce evidence – The proceedings under Section 34 of the Act are summary proceedings and not a regular suit. When the order of the District Judge dismissing the application filed by respondent Nos.1 and 2 does not suffer from perversity, the High Court, HC cannot interfere .

Sep 30, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. CANARA NIDHI LIMITED — Appellant Vs. M. SHASHIKALA AND OTHERS — Respondent ( Before : R. Banumathi and A.S. Bopanna, JJ. ) Civil…

Corporate

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Section 14 – Possession of secured asset – CJM is competent to process the request of the secured creditor to take possession of the secured asset under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

Sep 29, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE AUTHORISED OFFICER, INDIAN BANK — Appellant Vs. D. VISALAKSHI AND ANOTHER — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. )…

Rent

Constitution of India, 1950 – Article 227 – Delhi Rent Control Act, 1958 – Sections 15(1) and 15(7) – Payment of rent Amount of rent payable for the demised premises may be a factor which cannot be brushed aside, but the facts and circumstances of the case on hand, do not suggest any negligence, defiance or contumacious non ­payment of the amount payable to the landlord to warrant the taking of that “exceptional step” which is bound to render the tenant defenceless in his contest against the respondents­landlord.

Sep 29, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DINA NATH (D ) BY LRS AND ANOTHER — Appellant Vs. SUBHASH CHAND SAINI AND OTHERS — Respondent ( Before : Arun Mishra, M.R.…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 102 – Power of police officer to seize certain property – ‘any property’ used in sub-section (1) of Section 102 of the Code of Criminal Procedure, 1973 does not include immovable property. The power of seizure in Section 102 has to be limited to movable property – The phrase ‘any property’ in Section 102 will only cover moveable property and not immovable property.

Sep 29, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH NEVADA PROPERTIES PRIVATE LIMITED THROUGH ITS DIRECTORS — Appellant Vs. STATE OF MAHARASHTRA AND ANOTHER — Respondent ( Before : Ranjan Gogoi, CJI., Deepak…

Service Matters
Service

Once, the respondent chose not to controvert the allegations made against him in the show cause notice and pursued the matter with the competent authority only for taking a lenient view, he cannot be permitted to resile from that position. It would result in allowing the respondent to approbate and reprobate.

Sep 29, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. LT. COL. KULDEEP YADAV — Respondent ( Before : A.M. Khanwilkar and Ajay Rastogi, JJ. )…

You missed

SARFAESI

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Auction Sale — Compliance with Rule 9 — Mandatory Nature — Payment of Balance 75% Beyond 15-Day Period — No Written Agreement for Extension — Sale Set Aside — Article 142 — Redemption Opportunity Granted to Legal Heirs of Deceased Guarantor.

Jun 12, 2026 sclaw
Cr P C

Third Judge under S. 392 CrPC cannot disturb unanimous Division Bench findings; reference confined to disagreed accused only.–Criminal Procedure Code, 1973 (CrPC) — Section 392 — Third Judge — Power to give independent opinion — Options available — When an appeal is heard by a Division Bench and the Judges are divided in opinion, the appeal is laid before a third Judge under S. 392 — The third Judge is not confined to choosing between the two views expressed by the Division Bench Judges — The third Judge may: (i) agree with either of the two opinions expressed; (ii) form an independent view at divergence with both opinions; or (iii) where warranted, receive additional evidence under S. 391 before forming an opinion — The opinion of the third Judge governs and the judgment follows therefrom.

Jun 12, 2026 sclaw
Constitution Service

Constitution of India, 1950 — Article 226(1) — Territorial jurisdiction — Writ petition by CAPF personnel — Delhi High Court — Jurisdiction based on situs of respondent’s office —The Delhi High Court has territorial jurisdiction under Art. 226(1) of the Constitution to entertain a writ petition preferred by any enrolled member of the Border Security Force or any Central Armed Police Force (CAPF) who is aggrieved by an administrative order of termination of service, by reason of the situs of the offices of the Union of India and the Director General of the concerned CAPF in New Delhi — and this jurisdictional competence subsists notwithstanding that the impugned order of termination was issued from a place outside the territorial limits of the Delhi High Court and that no part of the cause of action arose within such limits — The Union of India and the Director General, BSF are necessary parties to such a writ petition by virtue of Ss. 4 and 5 of the BSF Act and the requirement under R. 22(4) of the BSF Rules that every order of dismissal/removal be reported to the Director General; there is, moreover, a presumption that official acts have been regularly performed.

Jun 12, 2026 sclaw
Accident

Motor Vehicles Act, 1988 — Section 168 — Compensation — Death of homemaker — New head of ‘Loss of Domestic Care’ — Basis and quantum — The conventional method of computing compensation upon the death of a homemaker suffers from an inherent disadvantage — Notional income, as assigned by earlier decisions, fails to capture the economic, emotional and managerial contributions that a homemaker makes to the household and to nation-building at large — In recognition of the multifarious yet unquantified roles of a homemaker — (i) contribution towards smooth functioning of the household; (ii) loss of maternal support to children; and (iii) loss of spousal/parental support — a composite sum of Rs. 30,000/- per month shall be added under the head ‘Loss of Domestic Care’ — This sum shall serve as the stand-in monthly income where the homemaker has no conventional monetary income — It shall be revised cumulatively by 10% every three years — Where the homemaker is part of the paid workforce, this head shall be in addition to the proved monthly income.

Jun 12, 2026 sclaw