This volume of the Supreme Court Cases (SCC), Part 5 of Volume 2, embodies landmark cases decided by the Supreme Court on issues like power to investigate further, ex post facto environmental clearance, determination of outright sale, and more.
Criminal Procedure Code, 1973 — S. 173(8) r/w S. 173(2) — Further investigation: Power to direct further investigation in a case, held, rests solely at the discretion of the Magistrate/Court concerned. If the police/investigating agency opines necessity of further investigation in any particular case to cull out complete facts and truth in the case, it held binding upon them to file an appropriate application before the Magistrate/Court, without directing an order for further investigation by themselves, [Pramod Kumar v. State of U.P., (2026) 5 SCC 308]
Environment Law — Environmental Clearance/NOC/Environment Impact Assessment (EIA) — Ex post facto EC: Ex post facto environmental clearance is permissible upon appropriate application of polluter pays principle, [Confederation of Real Estate Developers of India v. Vanashakti, (2026) 5 SCC 201]
Transfer of Property Act, 1882 — Ss. 54 and 58(c) — Outright sale or mortgage by conditional sale — Determination: A registered sale deed carries a greater presumption of validity and genuineness and therefore cannot be lightly declared as “sham” to oppose sale transaction. Burden of proof to displace this presumption rests heavily upon challenger. Such a challenge can only be sustained if party provides material particulars and cogent evidence to demonstrate that deed was never intended to operate as a bona fide transfer of title. When all recitals and covenants in sale deed were clear, categorical and admit of no ambiguity, indicated intention of parties while entering into said deed was to conduct an outright sale for a valuable consideration, [Hemalatha v. Tukaram, (2026) 5 SCC 168]
