B. R. Gavai

Supreme Court Enhances Compensation for Accident Victim with Severe Disabilities: Divya vs. National Insurance Co. Ltd. (2022)

/ B. R. Gavai, C.T. Ravikumar, Compensation Law, Disability Compensation, Judges, Motor Accident Compensation, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 157, Motor Vehicles Act, 1988 with Section 166, Personal Injury Compensation

Supreme Court Enhances Compensation for Accident Victim with Severe Disabilities LEGAL ISSUE: Determining ‘just compensation’ in motor accident cases involving severe, lifelong disabilities. CASE TYPE: Motor Vehicle Accident Compensation Case Name: Divya vs. The National Insurance Co. Ltd. & Anr. [Judgment Date]: October 18, 2022 Date of the Judgment: October 18, 2022 Citation: Civil Appeal […]

Supreme Court Enhances Compensation for Accident Victim with Severe Disabilities: Divya vs. National Insurance Co. Ltd. (2022) Read Post »

Supreme Court Upholds Tribunal’s Decision on Bank Guarantee Invocation in FM Radio License Dispute: Union of India vs. Millenium Delhi Broadcast LLP (2 May 2022)

/ B. R. Gavai, Bank Guarantee, Contract Law, Contract Law with Specific Clauses, Judges, L. Nageswara Rao, Performance Guarantee, Telecom Regulatory Authority of India Act, 1997, Telecom Regulatory Authority of India Act, 1997 with Section 14A(1)

Supreme Court Upholds Tribunal’s Decision on Bank Guarantee Invocation in FM Radio License Dispute Date of the Judgment: May 2, 2022 Citation: [Not Available in Source] Judges: L. Nageswara Rao, J., B. R. Gavai, J. Can a bank guarantee be invoked if the conditions for its invocation are not met? The Supreme Court addressed this

Supreme Court Upholds Tribunal’s Decision on Bank Guarantee Invocation in FM Radio License Dispute: Union of India vs. Millenium Delhi Broadcast LLP (2 May 2022) Read Post »

Supreme Court Upholds Admission of Insolvency Application Based on Acknowledgment of Debt: Rajendra Narottamdas Sheth vs. Chandra Prakash Jain (2021)

/ B. R. Gavai, B. V. Nagarathna, Corporate Insolvency Resolution Process, Financial Creditor, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, L. Nageswara Rao, Limitation Act, 1963, Limitation Act, 1963 with Section 18, Limitation Act, 1963 with Section 19

Supreme Court Upholds Admission of Insolvency Application Based on Acknowledgment of Debt: Rajendra Narottamdas Sheth vs. Chandra Prakash Jain (2021) LEGAL ISSUE: Whether an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 is maintainable when filed by a power of attorney holder and whether such application is barred by limitation. CASE TYPE:

Supreme Court Upholds Admission of Insolvency Application Based on Acknowledgment of Debt: Rajendra Narottamdas Sheth vs. Chandra Prakash Jain (2021) Read Post »

Supreme Court clarifies procedures for Section 138 NI Act cases to expedite trials (16 April 2021)

/ A. S. Bopanna, B. R. Gavai, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 202, Code of Criminal Procedure, 1973 with Section 219, Code of Criminal Procedure, 1973 with Section 258, Judges, L. Nageswara Rao, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 143, Negotiable Instruments Act, 1881 with Section 145, S. A. Bobde, S. Ravindra Bhat

Supreme Court Clarifies Procedures for Section 138 NI Act Cases to Expedite Trials LEGAL ISSUE: Streamlining procedures for trials under Section 138 of the Negotiable Instruments Act, 1881 to ensure expeditious disposal of cases. CASE TYPE: Criminal Case Name: In Re: EXPEDITIOUS TRIAL OF CASES UNDER SECTION 138 OF N.I. ACT 1881. Judgment Date: 16

Supreme Court clarifies procedures for Section 138 NI Act cases to expedite trials (16 April 2021) Read Post »

Supreme Court Upholds CBI Investigation Despite Lack of Prior State Consent in Corruption Case

/ A.M. Khanwilkar, B. R. Gavai, Criminal Procedure Code, 1973, Criminal Procedure Code, 1973 with Section 482, Delhi Special Police Establishment Act, 1946, Delhi Special Police Establishment Act, 1946 with Section 5, Delhi Special Police Establishment Act, 1946 with Section 6, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 420, Judges, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(2), Prevention of Corruption Act, 1988 with Section 19

Supreme Court Upholds CBI Investigation Despite Lack of Prior State Consent in Corruption Case LEGAL ISSUE: Whether prior consent of the State Government is mandatory for the Central Bureau of Investigation (CBI) to investigate offences under the Prevention of Corruption Act, 1988, involving public servants under the State’s control. CASE TYPE: Criminal Law, Prevention of

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Supreme Court Upholds Termination of Probationary Judge: Rajasthan High Court vs. Ved Priya (2020)

/ B. R. Gavai, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 311, Judges, Judicial Review, Narcotics, Drugs and Psychotropic Substances Act, 1985, Narcotics, Drugs and Psychotropic Substances Act, 1985 with Section 36(3), Probation, S. A. Bobde, Service Law, Service Law with Article 311, Surya Kant, Termination of Service

Rajasthan High Court’s Decision to Terminate Probationary Judge Upheld by Supreme Court LEGAL ISSUE: Whether the termination of a probationary judicial officer’s services was valid and not punitive. CASE TYPE: Service Law Case Name: Rajasthan High Court vs. Ved Priya & Anr. [Judgment Date]: 18 March 2020 Introduction Date of the Judgment: 18 March 2020

Supreme Court Upholds Termination of Probationary Judge: Rajasthan High Court vs. Ved Priya (2020) Read Post »

Supreme Court Upholds Tender Process: Bharat Coking Coal Ltd. vs. AMR Dev Prabha & Ors. (2020) INSC 229 (18 March 2020)

/ B. R. Gavai, Breach of contract, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 19(1)(g), Contract Law, Judges, S. A. Bobde, Surya Kant, Tender Process

Supreme Court Upholds Tender Process in Bharat Coking Coal Ltd. Case LEGAL ISSUE: Whether a writ petition is maintainable in a tender process dispute where the primary grievance is a breach of contract and not a violation of public law. CASE TYPE: Contract/Tender Law Case Name: The Bharat Coking Coal Ltd. & Ors. vs. AMR

Supreme Court Upholds Tender Process: Bharat Coking Coal Ltd. vs. AMR Dev Prabha & Ors. (2020) INSC 229 (18 March 2020) Read Post »

Supreme Court allows insolvency proceedings under IBC without Tea Act consent: Duncans Industries Ltd. vs. A.J. Agrochem (2019)

/ Arun Mishra, B. R. Gavai, Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238, Insolvency and Bankruptcy Code, 2016 with Section 9, Judges, M. R. Shah, Tea Act, 1953, Tea Act, 1953 with Section 16E, Tea Act, 1953 with Section 16G

Supreme Court allows insolvency proceedings under IBC without Tea Act consent: Duncans Industries Ltd. vs. A.J. Agrochem (2019) LEGAL ISSUE: Whether prior consent of the Central Government is required under Section 16G(1)(c) of the Tea Act, 1953, before initiating proceedings under Section 9 of the Insolvency and Bankruptcy Code, 2016. CASE TYPE: Insolvency Law Case

Supreme Court allows insolvency proceedings under IBC without Tea Act consent: Duncans Industries Ltd. vs. A.J. Agrochem (2019) Read Post »

Supreme Court overturns discharge based on red ink entries in Army: Narain Singh vs. Union of India (2019)

/ Army Rules, 1954, Arun Mishra, B. R. Gavai, Discharge from Service, Judges, M. R. Shah, Pensionable Service, Rule 13(3)(III)(v), Army Rules, 1954, Service Law

Supreme Court overturns discharge based on red ink entries in Army: Narain Singh vs. Union of India (2019) Date of the Judgment: September 20, 2019 Citation: [Not Available in Source] Judges: Arun Mishra J., M. R. Shah J., and B. R. Gavai J. Can a soldier be discharged from service solely based on a few

Supreme Court overturns discharge based on red ink entries in Army: Narain Singh vs. Union of India (2019) Read Post »

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