B.V. Nagarathna

Supreme Court Restores Specific Performance Decree: Basavaraj vs. Padmavathi (2023)

/ B.V. Nagarathna, Judges, M. R. Shah, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16

Supreme Court Restores Specific Performance Decree: Basavaraj vs. Padmavathi (2023) Date of the Judgment: January 05, 2023 Citation: 2023 INSC 19 Judges: M. R. Shah, J. and B.V. Nagarathna, J. Can a High Court overturn a trial court’s finding on the readiness and willingness of a buyer to perform a contract for sale, simply because […]

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Supreme Court Clarifies Proof of Corruption in Absence of Complainant: Neeraj Dutta vs. State (2022)

/ A.S. Bopanna, B.R. Gavai, B.V. Nagarathna, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 114, Indian Evidence Act, 1872 with Section 60, Judges, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(1)(d), Prevention of Corruption Act, 1988 with Section 20, Prevention of Corruption Act, 1988 with Section 7, S. Abdul Nazeer, V. Ramasubramanian

Supreme Court Clarifies Proof of Corruption in Absence of Complainant: Neeraj Dutta vs. State (2022) LEGAL ISSUE: Can a public servant be convicted of corruption under the Prevention of Corruption Act, 1988, if the complainant’s direct evidence is unavailable? CASE TYPE: Criminal Law – Prevention of Corruption Case Name: Neeraj Dutta vs. State (Govt. of

Supreme Court Clarifies Proof of Corruption in Absence of Complainant: Neeraj Dutta vs. State (2022) Read Post »

Supreme Court quashes conviction in corruption case citing double jeopardy: T.P. Gopalakrishnan vs. State of Kerala (2022)

/ B.R. Gavai, B.V. Nagarathna, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 300, Constitutional Law, Constitutional Law with Article 20(2), Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 409, Indian Penal Code, 1860 with Section 477A, Judges, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(1)(c), Prevention of Corruption Act, 1988 with Section 13(2)

Supreme Court quashes conviction in corruption case citing double jeopardy: T.P. Gopalakrishnan vs. State of Kerala (2022) LEGAL ISSUE: Whether a second prosecution for the same offense, based on the same facts, is permissible under the principle of double jeopardy. CASE TYPE: Criminal Law, Prevention of Corruption Act Case Name: T.P. Gopalakrishnan vs. State of

Supreme Court quashes conviction in corruption case citing double jeopardy: T.P. Gopalakrishnan vs. State of Kerala (2022) Read Post »

Supreme Court clarifies the stage for summoning additional accused under Section 319 CrPC in criminal trials (5 December 2022)

/ A.S. Bopanna, B.R. Gavai, B.V. Nagarathna, Criminal Procedure Code, Criminal Procedure Code with Section 311, Criminal Procedure Code with Section 319, Judges, S. Abdul Nazeer, V. Ramasubramanian

Supreme Court Clarifies Power to Summon Additional Accused Under Section 319 CrPC Date of the Judgment: 5 December 2022 Citation: Criminal Appeal No. 885 of 2019 Judges: S. Abdul Nazeer, B.R. Gavai, A.S. Bopanna, V. Ramasubramanian, B.V. Nagarathna Bench Composition: The judgment was delivered by a five-judge bench, with Justice A.S. Bopanna authoring the opinion.

Supreme Court clarifies the stage for summoning additional accused under Section 319 CrPC in criminal trials (5 December 2022) Read Post »

Supreme Court Enhances Compensation for Lorry Cleaner Injured in Road Accident: T.J. Parameshwarappa vs. The Branch Manager, New India Assurance Co. Ltd. (2022)

/ B.R. Gavai, B.V. Nagarathna, Compensation, Judges, Loss of Earning Capacity, Motor Vehicle Accidents, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 166, Permanent Disability

Supreme Court Enhances Compensation for Cleaner Injured in Lorry Accident LEGAL ISSUE: Assessment of compensation in motor accident injury cases, particularly concerning permanent disability and loss of earning capacity. CASE TYPE: Motor Vehicle Accident Compensation Case Name: T.J. Parameshwarappa @ Parameshwarappa @ J.T. Parameshwarappa @ Talalkena Gowdra Parameshwarappa vs. The Branch Manager, New India Assurance

Supreme Court Enhances Compensation for Lorry Cleaner Injured in Road Accident: T.J. Parameshwarappa vs. The Branch Manager, New India Assurance Co. Ltd. (2022) Read Post »

Supreme Court Upholds Rota System for Seniority of Promotees and Direct Recruits: Amit Singh vs. Ravindra Nath Pandey (2022)

/ B.R. Gavai, B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 309, Judges, Rota System, Seniority, Service Law, Service Law with Article 309

Supreme Court Upholds Rota System for Seniority of Promotees and Direct Recruits: Amit Singh vs. Ravindra Nath Pandey (2022) Date of the Judgment: November 11, 2022 Citation: Civil Appeal Nos. 8324-8327 of 2022 Judges: B.R. Gavai, J., B.V. Nagarathna, J. Can seniority between direct recruits and promotees be determined solely by the date of appointment,

Supreme Court Upholds Rota System for Seniority of Promotees and Direct Recruits: Amit Singh vs. Ravindra Nath Pandey (2022) Read Post »

Supreme Court Upholds Agent’s Rights After Contractor’s Death in Karnataka Contract Dispute

/ Agency, Arbitration Law, Arbitration Proceedings, B.R. Gavai, B.V. Nagarathna, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 201, Indian Contract Act, 1872 with Section 202, Judges

Supreme Court Upholds Agent’s Rights After Contractor’s Death in Karnataka Contract Dispute LEGAL ISSUE: Whether an agent’s rights under a contract terminate upon the death of the principal, especially when the agent has an interest in the contract. CASE TYPE: Contract Law, Arbitration Case Name: P. Seshareddy (D) Rep. By His LR. Cum Irrevocable GPA

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Supreme Court Declares Election Void Due to Age Disqualification: Mohd. Abdullah Azam Khan vs. Nawab Kazim Ali Khan (2022) INSC 963 (7 November 2022)

/ Ajay Rastogi, B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 173, Elections, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 35, Judges

Date of the Judgment: 7 November 2022 Citation: (2022) INSC 963 Judges: Justice Ajay Rastogi and Justice B.V. Nagarathna Can a candidate’s election be invalidated if they are found to be under the minimum age requirement? The Supreme Court of India addressed this critical question in a recent election dispute, ultimately setting aside the election

Supreme Court Declares Election Void Due to Age Disqualification: Mohd. Abdullah Azam Khan vs. Nawab Kazim Ali Khan (2022) INSC 963 (7 November 2022) Read Post »

Supreme Court rules Commission Vendors entitled to 50% past service for pension: Union of India vs. Munshi Ram (2022)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Indian Railway Establishment Manual, Vol. II, 1991, Indian Railway Establishment Manual, Vol. II, 1991 with Rule 2005, Judges, M.R. Shah, Railway Services (Pension) Rules, 1993, Railway Services (Pension) Rules, 1993 with Rule 14, Railway Services (Pension) Rules, 1993 with Rule 31

Supreme Court rules Commission Vendors entitled to 50% past service for pension: Union of India vs. Munshi Ram (2022) LEGAL ISSUE: Whether Commission Vendors absorbed into regular railway service are entitled to have 50% of their past service counted towards pension benefits, similar to casual laborers. CASE TYPE: Service Law (Pensionary Benefits) Case Name: Union

Supreme Court rules Commission Vendors entitled to 50% past service for pension: Union of India vs. Munshi Ram (2022) Read Post »

Supreme Court Allows Wood-Based Industries in Uttar Pradesh: Upholds State’s Policy on Timber Availability (21 October 2022)

/ B.R. Gavai, B.V. Nagarathna, Environmental Law, Forest Conservation, Judges, Principles of Natural Justice, Sustainable Development, Trees Outside Forest (TOF), Wood-Based Industries

Supreme Court Allows Wood-Based Industries in Uttar Pradesh: Upholds State’s Policy on Timber Availability LEGAL ISSUE: Whether the State of Uttar Pradesh’s decision to establish new wood-based industries (WBIs) based on the Forest Survey of India’s (FSI) timber availability assessment was valid. CASE TYPE: Environmental Law, Forest Conservation Case Name: The State of Uttar Pradesh

Supreme Court Allows Wood-Based Industries in Uttar Pradesh: Upholds State’s Policy on Timber Availability (21 October 2022) Read Post »

Supreme Court Acquits All Accused in Murder Case Citing Inconsistent Witness Testimony: Md. Jabbar Ali & Ors. vs. State of Assam (2022)

/ Ajay Rastogi, B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body

Supreme Court Acquits All Accused in Murder Case Citing Inconsistent Witness Testimony: Md. Jabbar Ali & Ors. vs. State of Assam (2022) Date of the Judgment: 17th October 2022 Citation: (2022) INSC 913 Judges: Justice Ajay Rastogi and Justice B.V. Nagarathna. The judgment was authored by Justice B.V. Nagarathna. Can inconsistencies in witness testimonies lead

Supreme Court Acquits All Accused in Murder Case Citing Inconsistent Witness Testimony: Md. Jabbar Ali & Ors. vs. State of Assam (2022) Read Post »

Supreme Court clarifies SEBI registration for stock brokers operating across multiple exchanges: SEBI vs. National Stock Exchange Members Association (2022)

/ Ajay Rastogi, B.V. Nagarathna, Judges, Securities and Exchange Board of India Act, 1992, Securities and Exchange Board of India Act, 1992 with Section 12(1), Securities Contracts (Regulation) Act, 1956, Securities Contracts (Regulation) Act, 1956 with Fees, Securities Market Regulation, Stock Brokers, Stock Exchanges

Supreme Court clarifies SEBI registration for stock brokers operating across multiple exchanges: SEBI vs. National Stock Exchange Members Association (2022) LEGAL ISSUE: Whether a stock broker needs separate registrations with the Securities and Exchange Board of India (SEBI) for each stock exchange they operate in, or if a single registration is sufficient. CASE TYPE: Securities

Supreme Court clarifies SEBI registration for stock brokers operating across multiple exchanges: SEBI vs. National Stock Exchange Members Association (2022) Read Post »

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