B.R. Gavai

Supreme Court quashes disproportionate assets case, emphasizes scrutiny at discharge stage: Kanchan Kumar vs. State of Bihar (2022)

/ B.R. Gavai, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 227, Judges, Pamidighantam Sri Narasimha, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(1)(d), Prevention of Corruption Act, 1988 with Section 13(2)

Supreme Court quashes disproportionate assets case, emphasizes scrutiny at discharge stage: Kanchan Kumar vs. State of Bihar (2022) LEGAL ISSUE: Whether a person should be discharged from a case of possessing assets disproportionate to their known income if there are glaring errors in the calculation of income and expenditure by the prosecution. CASE TYPE: Criminal […]

Supreme Court quashes disproportionate assets case, emphasizes scrutiny at discharge stage: Kanchan Kumar vs. State of Bihar (2022) Read Post »

Supreme Court clarifies property rights in passage dispute: Anil Kumar Modi vs. Tarsem Kumar Gupta (2022)

/ B.R. Gavai, C.T. Ravikumar, Code of Civil Procedure, 1908, Easementary Rights, Judges, Property Law, Property Rights, Res Judicata, Res Judicata, Code of Civil Procedure, 1908

Supreme Court clarifies property rights in passage dispute: Anil Kumar Modi vs. Tarsem Kumar Gupta (2022) Date of the Judgment: September 14, 2022 Citation: Not Available Judges: B.R. Gavai, J. and C.T. Ravikumar, J. Can a previous court ruling on a related issue prevent a later court from deciding on a different but connected issue?

Supreme Court clarifies property rights in passage dispute: Anil Kumar Modi vs. Tarsem Kumar Gupta (2022) Read Post »

Supreme Court Orders Pension and Terminal Benefits Based on CAT Orders for Merged Language Cadre: R.D. Kaushal vs Union of India (2022)

/ B.R. Gavai, Central Administrative Tribunal, Central Administrative Tribunal with orders of 26th May 2008, Central Administrative Tribunal with orders of 7th July 2010, Judges, Pamidighantam Sri Narasimha, Pension, Service Law, Service Law with Research and Analysis Wing (Recruitment, Cadre and Service) Rules, 1975, Terminal Benefits

Supreme Court Orders Pension and Terminal Benefits Based on CAT Orders for Merged Language Cadre: R.D. Kaushal vs Union of India (2022) LEGAL ISSUE: Whether the merger of two cadres should impact the terminal benefits and pension of employees. CASE TYPE: Service Law Case Name: R.D. Kaushal and Ors. vs. Union of India and Ors.

Supreme Court Orders Pension and Terminal Benefits Based on CAT Orders for Merged Language Cadre: R.D. Kaushal vs Union of India (2022) Read Post »

Suppression of Facts Leads to Dismissal: Supreme Court on Specific Performance in Yashoda vs. Sukhwinder Singh (2022)

/ Agreement to Sell, B.R. Gavai, C.T. Ravikumar, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order VII Rule 1(j), Contract Law, Judges, Specific Performance

Supreme Court Dismisses Specific Performance Suit Due to Suppression of Facts: Yashoda vs. Sukhwinder Singh (2022) Date of the Judgment: September 12, 2022 Citation: (2022) INSC 8247 Judges: B.R. Gavai, J. and C.T. Ravikumar, J. Can a party seeking specific performance of a contract be denied relief if they fail to disclose prior litigation related

Suppression of Facts Leads to Dismissal: Supreme Court on Specific Performance in Yashoda vs. Sukhwinder Singh (2022) Read Post »

Supreme Court Reinstates Judge: Eligibility Determined by Application Date in Service Law Matter (12 September 2022)

/ B.R. Gavai, C.T. Ravikumar, Judges, Judicial Appointments, Service Law, Service Law with Reinstatement

Supreme Court Reinstates Judge: Eligibility Determined by Application Date Date of the Judgment: 12 September 2022 Citation: Civil Appeal No. OF 2022 (Arising out of SLP(C) No. 7781 of 2021) Judges: B.R. Gavai, J. and C.T. Ravikumar, J. Can a judicial officer be disqualified from appointment to a higher judicial post if they were eligible

Supreme Court Reinstates Judge: Eligibility Determined by Application Date in Service Law Matter (12 September 2022) Read Post »

Supreme Court Acquits Accused in Murder Case Due to Inconsistent Evidence: Khema @ Khem Chandra vs. State of Uttar Pradesh (2022)

/ B.R. Gavai, Evidence Act, 1872, Evidence Act, 1872 with Section 27, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, Pamidighantam Sri Narasimha

Supreme Court Acquits Accused in Murder Case Due to Inconsistent Evidence: Khema @ Khem Chandra vs. State of Uttar Pradesh (2022) LEGAL ISSUE: Evaluation of witness testimony and the evidentiary value of recoveries in a criminal trial. CASE TYPE: Criminal Law – Murder Case Name: Khema @ Khem Chandra vs. State of Uttar Pradesh Judgment

Supreme Court Acquits Accused in Murder Case Due to Inconsistent Evidence: Khema @ Khem Chandra vs. State of Uttar Pradesh (2022) Read Post »

Supreme Court upholds acquittal in murder case based on weak extra-judicial confession: State of Rajasthan vs. Kistoora Ram (28 July 2022)

/ B.R. Gavai, Evidence Law, Extra-Judicial Confession, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 201, Indian Penal Code, 1860 with Section 302, Judges, Pamidighantam Sri Narasimha

Supreme Court upholds acquittal in murder case based on weak extra-judicial confession: State of Rajasthan vs. Kistoora Ram (2022) LEGAL ISSUE: Whether a conviction can be solely based on an extra-judicial confession without corroborating evidence. CASE TYPE: Criminal Appeal Case Name: State of Rajasthan vs. Kistoora Ram Judgment Date: 28 July 2022 Introduction Date of

Supreme Court upholds acquittal in murder case based on weak extra-judicial confession: State of Rajasthan vs. Kistoora Ram (28 July 2022) Read Post »

Supreme Court overturns conviction under Prevention of Corruption Act and IPC Section 477A: Shiv Kumar Sharma vs. State of Rajasthan (28 July 2022)

/ B.R. Gavai, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 477A, Judges, Offences Relating to Documents and Property Marks, Pamidighantam Sri Narasimha, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(1)(d)(ii), Prevention of Corruption Act, 1988 with Section 15

Supreme Court overturns conviction under Prevention of Corruption Act and IPC Section 477A: Shiv Kumar Sharma vs. State of Rajasthan (2022) Date of the Judgment: 28 July 2022 Citation: 2022 INSC 618 Judges: B.R. Gavai, J. and Pamidighantam Sri Narasimha, J. Can a public servant be convicted for corruption and falsification of accounts without concrete

Supreme Court overturns conviction under Prevention of Corruption Act and IPC Section 477A: Shiv Kumar Sharma vs. State of Rajasthan (28 July 2022) Read Post »

Supreme Court clarifies interest liability on duty for PSU: Steel Authority of India Limited vs. Commissioner of Central Excise, Bolpur (28 July 2022)

/ B.R. Gavai, Central Excise, Central Excise Act, 1944 with Section 11A, Committee of Disputes, Hima Kohli, Interest on Duty, Judges, Supreme Court Judgments, Tax Law

Steel Authority of India Limited vs. Commissioner of Central Excise, Bolpur: Supreme Court on Interest on Duty Date of the Judgment: 28 July 2022 Citation: [Not Available in Source] Judges: B.R. Gavai, J. and Hima Kohli, J. Can a Public Sector Undertaking (PSU) be liable to pay interest on a duty amount when the matter

Supreme Court clarifies interest liability on duty for PSU: Steel Authority of India Limited vs. Commissioner of Central Excise, Bolpur (28 July 2022) Read Post »

Supreme Court overturns conviction in murder case: Prahlad vs. State of Madhya Pradesh (27 July 2022)

/ Arms Act, 1959, Arms Act, 1959 with Section 25, Arms Act, 1959 with Section 27, B.R. Gavai, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120-B, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, Pamidighantam Sri Narasimha

Supreme Court overturns conviction in murder case: Prahlad vs. State of Madhya Pradesh (2022) LEGAL ISSUE: Whether the High Court was justified in overturning the trial court’s acquittal in a murder case based on the evidence presented. CASE TYPE: Criminal Case Name: Prahlad vs. State of Madhya Pradesh Judgment Date: 27 July 2022 Introduction Date

Supreme Court overturns conviction in murder case: Prahlad vs. State of Madhya Pradesh (27 July 2022) Read Post »

Supreme Court clarifies limitation for counterclaims in banking disputes: Topline Shoes vs. Punjab National Bank (2022)

/ B.R. Gavai, Banking Disputes, Banking Law, Debt Recovery, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 113, Limitation Act, 1963 with Article 22, Pamidighantam Sri Narasimha

Supreme Court clarifies limitation for counterclaims in banking disputes: Topline Shoes vs. Punjab National Bank (2022) LEGAL ISSUE: Determining the applicable limitation period for a counterclaim against a bank regarding funds withheld from a current account. CASE TYPE: Banking/Debt Recovery Case Name: Topline Shoes Limited & Another vs. Punjab National Bank Judgment Date: July 20,

Supreme Court clarifies limitation for counterclaims in banking disputes: Topline Shoes vs. Punjab National Bank (2022) Read Post »

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

/ B.R. Gavai, Border Security Force Act, 1968, Border Security Force Act, 1968 with Section 46, Hima Kohli, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 105, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 300, Indian Penal Code, 1860 with Section 304, Judges, Offences Affecting the Human Body

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 »

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