B.R. Gavai

Supreme Court overturns High Court conviction based on extra-judicial confession: Nikhil Chandra Mondal vs. State of West Bengal (2023)

/ B.R. Gavai, Evidence Act, 1872, Evidence Act, 1872 with Section 27, Extra-judicial Confessions, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, Sanjay Karol

Supreme Court overturns High Court conviction based on extra-judicial confession: Nikhil Chandra Mondal vs. State of West Bengal (2023) LEGAL ISSUE: Whether a conviction can be solely based on extra-judicial confession without corroborating evidence. CASE TYPE: Criminal Appeal Case Name: Nikhil Chandra Mondal vs. State of West Bengal Judgment Date: March 3, 2023 Date of […]

Supreme Court overturns High Court conviction based on extra-judicial confession: Nikhil Chandra Mondal vs. State of West Bengal (2023) Read Post »

Supreme Court Acquits Accused in Murder Case Due to Weak Circumstantial Evidence: Indrajit Das vs. State of Tripura (28 February 2023)

/ B.R. Gavai, Circumstantial Evidence, Criminal Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 201, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, Offences Against Human Body, Vikram Nath

Supreme Court Acquits Accused in Murder Case Due to Weak Circumstantial Evidence: Indrajit Das vs. State of Tripura (2023) LEGAL ISSUE: Whether the prosecution successfully proved the guilt of the accused in a case based on circumstantial evidence where key links are missing. CASE TYPE: Criminal Law Case Name: Indrajit Das vs. The State of

Supreme Court Acquits Accused in Murder Case Due to Weak Circumstantial Evidence: Indrajit Das vs. State of Tripura (28 February 2023) Read Post »

Supreme Court directs High Court to decide on compassionate appointment: South Eastern Coalfield Ltd. vs. Gulshan Prakash (20 February 2023)

/ Abhay S. Oka, Ajay Rastogi, B.R. Gavai, Bela M. Trivedi, Compassionate Appointment, Industrial Disputes Act, 1947, Judges, L. Nageswara Rao, Labour Law, Labour Law with Section 18(3), Labour Law with Section 2(p), M.R. Shah, Pankaj Mithal, R. Banumathi, Sandeep Mehta, Service Law, T.S. Thakur

Supreme Court directs High Court to decide on compassionate appointment: South Eastern Coalfield Ltd. vs. Gulshan Prakash (2023) Date of the Judgment: 20 February 2023 Citation: Not Available Judges: Justice Ajay Rastogi and Justice Bela M. Trivedi When a person dies while in service, can their dependent automatically get a job? The Supreme Court of

Supreme Court directs High Court to decide on compassionate appointment: South Eastern Coalfield Ltd. vs. Gulshan Prakash (20 February 2023) Read Post »

Supreme Court Upholds Conviction in Gruesome Family Murder Case: Ajai vs. State of Uttar Pradesh (2023)

/ Arms Act, 1959, Arms Act, 1959 with Section 307, B.R. Gavai, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, Vikram Nath

Supreme Court Upholds Conviction in Gruesome Family Murder Case: Ajai vs. State of Uttar Pradesh (2023) LEGAL ISSUE: Whether the testimony of a sole, injured eyewitness is sufficient for conviction in a murder case, and whether the High Court was correct in commuting the death penalty to life imprisonment. CASE TYPE: Criminal Case Name: Ajai

Supreme Court Upholds Conviction in Gruesome Family Murder Case: Ajai vs. State of Uttar Pradesh (2023) Read Post »

Supreme Court Upholds Landowner’s Right to Possession in Encroachment Case: Baini Prasad vs. Durga Devi (2023)

/ B.R. Gavai, C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 136, Estoppel, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 115, Judges, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 51

Supreme Court Upholds Landowner’s Right to Possession in Encroachment Case: Baini Prasad vs. Durga Devi (2023) Date of the Judgment: February 2, 2023 Citation: Civil Appeal No.6182-6183 of 2009 Judges: B.R. Gavai, J. and C.T. Ravikumar, J. Can a person who encroaches on another’s land claim protection against eviction by citing improvements made on the

Supreme Court Upholds Landowner’s Right to Possession in Encroachment Case: Baini Prasad vs. Durga Devi (2023) Read Post »

Supreme Court Upholds Landowner’s Right to Possession in Encroachment Case: Baini Prasad vs. Durga Devi (2023) INSC 95 (02 February 2023)

/ B.R. Gavai, C.T. Ravikumar, Constitution of India, Constitution of India with Article 136, Encroachment, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 115, Judges, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 51

Supreme Court Upholds Landowner’s Right to Possession in Encroachment Case Date of the Judgment: 02 February 2023 Citation: (2023) INSC 95 Judges: Justice B.R. Gavai and Justice C.T. Ravikumar Can a person who builds on someone else’s land claim protection from eviction based on the belief that the land was their own? The Supreme Court

Supreme Court Upholds Landowner’s Right to Possession in Encroachment Case: Baini Prasad vs. Durga Devi (2023) INSC 95 (02 February 2023) Read Post »

Supreme Court Partially Allows Appeal in Property Dispute: Developer Group India Pvt. Ltd. vs. Surinder Singh Marwah (2023)

/ B.R. Gavai, Companies Act, 2013, Companies Act, 2013 with Section 339, Corporate Law, Judges, Liquidation, Vikram Nath, Winding Up

Supreme Court Partially Allows Appeal in Property Dispute: Developer Group India Pvt. Ltd. vs. Surinder Singh Marwah (2023) LEGAL ISSUE: Whether the High Court was justified in restraining the alienation of properties of a third party in a winding-up petition of another company. CASE TYPE: Corporate Law, Insolvency, Real Estate Case Name: Developer Group India

Supreme Court Partially Allows Appeal in Property Dispute: Developer Group India Pvt. Ltd. vs. Surinder Singh Marwah (2023) Read Post »

Supreme Court Partially Allows Appeal, Modifies Injunction in Property Dispute: Developer Group India Pvt. Ltd. vs. Surinder Singh Marwah (2023)

/ B.R. Gavai, Companies Act, 2013, Companies Act, 2013 with Section 339, Injunction, Judges, Property Dispute, Property Law, Vikram Nath, Winding Up

Supreme Court Partially Allows Appeal, Modifies Injunction in Property Dispute: Developer Group India Pvt. Ltd. vs. Surinder Singh Marwah (2023) LEGAL ISSUE: Whether a blanket injunction on all properties of a company is justified when the claim is for a smaller amount and the company is not directly related to the company under liquidation. CASE

Supreme Court Partially Allows Appeal, Modifies Injunction in Property Dispute: Developer Group India Pvt. Ltd. vs. Surinder Singh Marwah (2023) Read Post »

Supreme Court Reduces Murder Conviction to Culpable Homicide in Self-Defense Case: Jasbir Singh vs. State of Punjab (2023)

/ B.R. Gavai, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304, Judges, Offences Against Human Body, Vikram Nath

Supreme Court Reduces Murder Conviction to Culpable Homicide in Self-Defense Case: Jasbir Singh vs. State of Punjab (2023) LEGAL ISSUE: Whether the appellant’s actions constituted murder or whether they were protected under the right to private defense. CASE TYPE: Criminal Case Name: Jasbir Singh vs. State of Punjab Judgment Date: 19 January 2023 Introduction Date

Supreme Court Reduces Murder Conviction to Culpable Homicide in Self-Defense Case: Jasbir Singh vs. State of Punjab (2023) Read Post »

Supreme Court overturns conviction under Section 138 of Negotiable Instruments Act: Rajaram vs. Maruthachalam (2023) INSC 26

/ Acquittal, B.R. Gavai, Civil Law, Civil Suit, Criminal Appeal, Criminal Law, Judges, M.M. Sundresh, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 118(a), Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 139, Promissory Note

Supreme Court overturns conviction under Section 138 of Negotiable Instruments Act: Rajaram vs. Maruthachalam (2023) INSC 26 Date of the Judgment: 18 January 2023 Citation: 2023 INSC 26 Judges: B.R. Gavai, J. and M.M. Sundresh, J. Can a conviction under Section 138 of the Negotiable Instruments Act be sustained if the accused demonstrates a probable

Supreme Court overturns conviction under Section 138 of Negotiable Instruments Act: Rajaram vs. Maruthachalam (2023) INSC 26 Read Post »

Supreme Court Acquits Accused in Murder Case Due to Flawed Identification: Stalin @ Satalin Samuvel vs. State (2023)

/ B.R. Gavai, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 162, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, Test Identification Parade, Vikram Nath

Supreme Court Acquits Accused in Murder Case Due to Flawed Identification: Stalin @ Satalin Samuvel vs. State (2023) LEGAL ISSUE: Admissibility of Test Identification Parade (TIP) evidence and the burden of proof in criminal cases. CASE TYPE: Criminal Law Case Name: Stalin @ Satalin Samuvel vs. State Represented by the Inspector of Police Judgment Date:

Supreme Court Acquits Accused in Murder Case Due to Flawed Identification: Stalin @ Satalin Samuvel vs. State (2023) Read Post »

Supreme Court Acquits Accused in Murder Case Due to Flawed Identification Parade: Stalin @ Satalin Samuvel vs. State (2023) INSC 522

/ B.R. Gavai, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, Vikram Nath

Supreme Court Acquits Accused in Murder Case Due to Flawed Identification Parade: Stalin @ Satalin Samuvel vs. State (2023) INSC 522 Date of the Judgment: 18 January 2023 Citation: (2023) INSC 522 Judges: B.R. Gavai, J. and Vikram Nath, J. Can a conviction be upheld when the primary evidence relies on a flawed identification parade

Supreme Court Acquits Accused in Murder Case Due to Flawed Identification Parade: Stalin @ Satalin Samuvel vs. State (2023) INSC 522 Read Post »

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