B.R. Gavai

Supreme Court Partially Allows Appeal in Border Security Force Act Case: Ex. Ct. Mahadev vs. The Director General, Boarder Security Force & Ors. (2022)

Supreme Court Partially Allows Appeal in Border Security Force Act Case: Ex. Ct. Mahadev vs. The Director General, Boarder Security Force & Ors. (2022) LEGAL ISSUE: Whether the appellant was entitled to exercise the right of private defense in the given facts and circumstances of the case. CASE TYPE: Criminal Law, Border Security Force Act […]

Supreme Court Partially Allows Appeal in Border Security Force Act Case: Ex. Ct. Mahadev vs. The Director General, Boarder Security Force & Ors. (2022) Read Post »

Supreme Court Acquits Accused in Murder Case Based on Unreliable Witness Testimony: Mahendra Singh vs. State of M.P. (2022)

Supreme Court Acquits Accused in Murder Case Based on Unreliable Witness Testimony: Mahendra Singh vs. State of M.P. (2022) LEGAL ISSUE: Reliability of eyewitness testimony in criminal cases. CASE TYPE: Criminal Law. Case Name: Mahendra Singh and Ors. vs. State of M.P. [Judgment Date]: June 3, 2022 Date of the Judgment: June 3, 2022 Citation:

Supreme Court Acquits Accused in Murder Case Based on Unreliable Witness Testimony: Mahendra Singh vs. State of M.P. (2022) Read Post »

Supreme Court Upholds Construction near Shree Jagannath Temple: Arhendu Kumar Das vs. State of Odisha (2022)

Supreme Court Upholds Construction near Shree Jagannath Temple: Arhendu Kumar Das vs. State of Odisha (2022) LEGAL ISSUE: Interpretation of construction activities within prohibited areas of ancient monuments. CASE TYPE: Public Interest Litigation, Heritage Law Case Name: Arhendu Kumar Das vs. The State of Odisha and Ors. [Judgment Date]: June 3, 2022 Date of the

Supreme Court Upholds Construction near Shree Jagannath Temple: Arhendu Kumar Das vs. State of Odisha (2022) Read Post »

Supreme Court Upholds Commercial Wisdom of CoC in IBC Withdrawal: Vallal RCK vs. Siva Industries (2022)

Supreme Court Upholds Commercial Wisdom of CoC in IBC Withdrawal: Vallal RCK vs. Siva Industries (2022) LEGAL ISSUE: Whether the Adjudicating Authority (NCLT) or the Appellate Authority (NCLAT) can overrule the commercial wisdom of the Committee of Creditors (CoC) regarding the withdrawal of the Corporate Insolvency Resolution Process (CIRP). CASE TYPE: Insolvency and Bankruptcy Law

Supreme Court Upholds Commercial Wisdom of CoC in IBC Withdrawal: Vallal RCK vs. Siva Industries (2022) Read Post »

Supreme Court Overturns Conviction in Dowry Death Case Citing Inconsistent Dying Declarations

Supreme Court Overturns Conviction in Dowry Death Case Citing Inconsistent Dying Declarations Date of the Judgment: June 2, 2022 Citation: 2022 INSC 504 Judges: B.R. Gavai, J. and Hima Kohli, J. Can a conviction for murder be upheld when the dying declarations of the deceased are inconsistent and unreliable? The Supreme Court of India recently

Supreme Court Overturns Conviction in Dowry Death Case Citing Inconsistent Dying Declarations Read Post »

Supreme Court Upholds High Court Order in CRPF Misconduct Case: Union of India vs. Suresh Kumar Singh (2022) INSC 503 (01 June 2022)

Supreme Court Upholds High Court Order in CRPF Misconduct Case Date of the Judgment: 01 June 2022 Citation: (2022) INSC 503 Judges: Hon’ble Mr. Justice B.R. Gavai and Hon’ble Ms. Justice Hima Kohli Can a departmental inquiry be considered valid if crucial witnesses are not examined? The Supreme Court of India addressed this question in

Supreme Court Upholds High Court Order in CRPF Misconduct Case: Union of India vs. Suresh Kumar Singh (2022) INSC 503 (01 June 2022) Read Post »

Supreme Court Restores Land to Appellant After Caste Certificate Invalidated: Terraform Magnum Ltd. vs. State of Maharashtra (2022)

Supreme Court Restores Land to Appellant After Caste Certificate Invalidated: Terraform Magnum Ltd. vs. State of Maharashtra (2022) LEGAL ISSUE: Whether land can be restored to the legal heirs of a Scheduled Tribe member under the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, when the caste certificate of one of the legal heirs

Supreme Court Restores Land to Appellant After Caste Certificate Invalidated: Terraform Magnum Ltd. vs. State of Maharashtra (2022) Read Post »

Supreme Court Directs Measures to Curb Capitation Fees in Private Medical Colleges: Rashtreeya Sikshana Samithi Trust Etc. vs. Committee For Fixation of Fee Structure Of Private Professional Colleges & Ors. Etc. (19 May 2022)

Supreme Court Directs Measures to Curb Capitation Fees in Private Medical Colleges (2022) Date of the Judgment: 19 May 2022 Citation: Not Available Judges: L. Nageswara Rao J. and B.R. Gavai J. Can the practice of charging capitation fees by private medical colleges be effectively curbed? The Supreme Court of India addressed this critical issue,

Supreme Court Directs Measures to Curb Capitation Fees in Private Medical Colleges: Rashtreeya Sikshana Samithi Trust Etc. vs. Committee For Fixation of Fee Structure Of Private Professional Colleges & Ors. Etc. (19 May 2022) Read Post »

Supreme Court Grants Interim Bail in Alleged Political Vendetta Case: Mohammad Azam Khan vs. State of Uttar Pradesh (2022)

Supreme Court Grants Interim Bail in Political Vendetta Case Date of the Judgment: May 19, 2022 Citation: (2022) INSC 513 Judges: L. Nageswara Rao, B.R. Gavai, and A.S. Bopanna, JJ. Can a court intervene when it appears that a person is being repeatedly implicated in criminal cases to deny them their personal liberty? The Supreme

Supreme Court Grants Interim Bail in Alleged Political Vendetta Case: Mohammad Azam Khan vs. State of Uttar Pradesh (2022) Read Post »

Supreme Court Frees A.G. Perarivalan: Governor’s Power to Remit Sentences in Question in Rajiv Gandhi Assassination Case (18 May 2022)

Supreme Court Orders Release of Rajiv Gandhi Assassin, A.G. Perarivalan LEGAL ISSUE: Scope of the Governor’s power under Article 161 of the Constitution regarding remission of sentences. CASE TYPE: Criminal Law, Constitutional Law Case Name: A.G. Perarivalan v. State, Through Superintendent of Police CBI/SIT/MMDA, Chennai, Tamil Nadu and Anr. Judgment Date: 18 May 2022 Date

Supreme Court Frees A.G. Perarivalan: Governor’s Power to Remit Sentences in Question in Rajiv Gandhi Assassination Case (18 May 2022) Read Post »

Supreme Court Clarifies Moratorium Under IBC: Indian Overseas Bank vs. RCM Infrastructure Ltd. (2022)

Supreme Court Clarifies Moratorium Under IBC: Indian Overseas Bank vs. RCM Infrastructure Ltd. (2022) LEGAL ISSUE: The core legal issue is whether a sale of assets under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) is complete upon confirmation of sale or upon full payment and issuance

Supreme Court Clarifies Moratorium Under IBC: Indian Overseas Bank vs. RCM Infrastructure Ltd. (2022) Read Post »

Supreme Court Denies Interest on Flat Purchases After Demolition in Kerala Coastal Zone Case (13 May 2022)

Supreme Court Denies Interest on Flat Purchases After Demolition in Kerala Coastal Zone Case LEGAL ISSUE: Whether flat owners are entitled to interest on the purchase amount of their flats after the flats were demolished due to violation of Coastal Zone Regulations. CASE TYPE: Civil. Case Name: The Kerala State Coastal Zone Management Authority vs.

Supreme Court Denies Interest on Flat Purchases After Demolition in Kerala Coastal Zone Case (13 May 2022) Read Post »

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