This volume of the Supreme Court Cases (SCC), Part 3 of Volume 7, embodies a curated selection of landmark cases decided by the Supreme Court addressing a wide range of issues such as alienation of charged property, sentencing and probation in food adulteration cases, bail under PMLA, and more.
Administrative Law — Natural Justice — Bias/Nemo Debet Esse Judex In Propria Sua Causa — Real likelihood of bias: Law clarified on test of proximity in relationship and applicability of doctrine of necessity, [Krishnadatt Awasthy v. State of M.P., (2025) 7 SCC 545]
Constitution of India — Art. 300-A — Land acquisition — Compensation — Determination: Compensation based on later date rather than the date of land acquisition notification, when warranted, explained, [Bernard Francis Joseph Vaz v. State of Karnataka, (2025) 7 SCC 580]
Maharashtra Cooperative Societies Act, 1960 (24 of 1961) — Ss. 48(e), (d) and (c) — Alienation of charged property — Whether void or voidable under the scheme of the 1960 Act: An alienation of property, on which a charge is created in favour of a cooperative society, would be void as per S. 48(e) only if society concerned seeks nullification of transaction, as the same has to be interpreted purposively. In other words, such a transaction is not void ab initio and is only voidable at instance of society, [Machhindranath v. Ramchandra Gangadhar Dhamne, (2025) 7 SCC 456]
Negotiable Instruments Act, 1881 — Ss. 141 and 138 — Dishonour of cheque by Company: Non-executive and independent Director are not liable, in the absence of specific allegations demonstrating their direct involvement in affairs of the company at the relevant time, [K.S. Mehta v. Morgan Securities & Credits (P) Ltd., (2025) 7 SCC 615]
Negotiable Instruments Act, 1881 — Ss. 141 and 138 — Dishonour of cheque by Company: Director who is not a signatory to the cheque, when not liable, explained, [Hitesh Verma v. Health Care at Home (India) (P) Ltd., (2025) 7 SCC 623]
Prevention of Food Adulteration Act, 1954 — Ss. 7(i), 16(1)(a)(i) r/w Ss. 2(i-a)(a), (m), 7/10(1) r/w Ss. 16(1)(c), (d) and 20-AA (as introduced by an amendment in 1976) — Sentence — Benefit of probation: Law clarified on probation and sentence reduction in food adulteration cases, [Nagarajan v. State of T.N., (2025) 7 SCC 479]
Prevention of Money Laundering Act, 2002 — S. 45(1)(ii) r/w Ss. 24 and 3 — Bail: Whether at the stage of hearing bail application, accused is entitled to invoke S. 91 CrPC for seeking production of documents not relied upon by the ED, law clarified, [Sarla Gupta v. Enforcement Directorate, (2025) 7 SCC 626]
Transfer of Property Act, 1882 — Ss. 122, 123 and 126 — Gift, settlement and will: Interplay between gift, settlement and will, explained. Law clarified on principles to be followed regarding determining whether document executed is a gift, settlement or will, [N.P. Saseendran v. N.P. Ponnamma, (2025) 7 SCC 502]
