J.B. Pardiwala

Supreme Court allows appeal against acquittal in a murder case, remitting it to High Court: Manoj Rameshla vs. Mahesh Prakash (2025) INSC 282 (27 February 2025)

/ Criminal Procedure Code, Criminal Procedure Code with Section 372, Criminal Procedure Code with Section 378, Indian Penal Code, 1860, J.B. Pardiwala, Judges, R. Mahadevan

Date of the Judgment: 27 February 2025 Citation: (2025) INSC 282 Judges: Justice J.B. Pardiwala, Justice R. Mahadevan In a case concerning a husband accused of murdering his wife, the Supreme Court addressed the critical issue of how High Courts should handle appeals against acquittals, particularly concerning the parameters for granting leave to appeal under […]

Supreme Court allows appeal against acquittal in a murder case, remitting it to High Court: Manoj Rameshla vs. Mahesh Prakash (2025) INSC 282 (27 February 2025) Read Post »

Supreme Court clarifies the scope of Power of Attorney and Agreement to Sell in property transfer: M.S. Ananthamurthy vs. J. Manjula (2025) INSC 273 (27 February 2025)

/ Contract Act, 1872, Contract Act, 1872 with Section 201, Contract Act, 1872 with Section 202, J.B. Pardiwala, Judges, R. Mahadevan, Registration Act, 1908, Registration Act, 1908 with Section 17, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 54

Date of the Judgment: 27 February 2025 Citation: 2025 INSC 273 Judges: J.B. Pardiwala, J., R. Mahadevan, J. Can a General Power of Attorney (GPA) holder transfer property after the death of the original owner? The Supreme Court of India addressed this critical question in a recent case involving conflicting claims to a property in

Supreme Court clarifies the scope of Power of Attorney and Agreement to Sell in property transfer: M.S. Ananthamurthy vs. J. Manjula (2025) INSC 273 (27 February 2025) Read Post »

Supreme Court settles land reservation issues under MRTP Act: Nirmati Developers vs. State of Maharashtra (2025) INSC 265 (25 February 2025)

/ J.B. Pardiwala, Judges, Maharashtra Regional and Town Planning Act, 1966, Maharashtra Regional and Town Planning Act, 1966 with Section 126, Maharashtra Regional and Town Planning Act, 1966 with Section 127, Maharashtra Regional and Town Planning Act, 1966 with Section 49, R. Mahadevan, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Date of the Judgment: 25th February, 2025 Citation: 2025 INSC 265 Judges: J.B. Pardiwala, J., R. Mahadevan, J. Can a prolonged delay in acquiring reserved land lead to the lapse of its reservation, allowing the owner to utilize it? The Supreme Court addressed this critical question in a case involving Nirmati Developers and the State

Supreme Court settles land reservation issues under MRTP Act: Nirmati Developers vs. State of Maharashtra (2025) INSC 265 (25 February 2025) Read Post »

Burden of Proof in Homicidal Death Cases: Supreme Court clarifies application of Section 106 of the Evidence Act in State of Madhya Pradesh vs. Balveer Singh (24th February 2025)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 161, Code of Criminal Procedure, 1973 with Section 174, Code of Criminal Procedure, 1973 with Section 313, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 106, Indian Evidence Act, 1872 with Section 118, 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, J.B. Pardiwala, Judges, Manoj Misra

Introduction Date of the Judgment: 24th February 2025 Citation: 2025 INSC 261 Judges: J.B. Pardiwala, J., Manoj Misra, J. What happens when a death occurs within the confines of a home, and suspicion falls on a family member? The Supreme Court of India, in the case of State of Madhya Pradesh v. Balveer Singh, addressed

Burden of Proof in Homicidal Death Cases: Supreme Court clarifies application of Section 106 of the Evidence Act in State of Madhya Pradesh vs. Balveer Singh (24th February 2025) Read Post »

Supreme Court awards interest on delayed stamp duty refund: Dr. Poornima Advani vs. Government of NCT (2025)

/ Civil Procedure Code, Civil Procedure Code with Section 34, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 265, J.B. Pardiwala, Judges, R. Mahadevan

Introduction Date of the Judgment: February 18, 2025 Citation: 2025 INSC 262 Judges: Justices J.B. Pardiwala and R. Mahadevan When a person is deprived of the use of money to which he is legitimately entitled, can he be compensated for the deprivation? The Supreme Court in Dr. Poornima Advani & Anr. vs. Government of NCT

Supreme Court awards interest on delayed stamp duty refund: Dr. Poornima Advani vs. Government of NCT (2025) Read Post »

Supreme Court quashes defamation proceedings against journalists in auction controversy: Jaideep Bose vs. M/S. Bid and Hammer Auctioneers Private Limited (2025) INSC 241 (18 February 2025)

/ Criminal Procedure Code, 1973, Criminal Procedure Code, 1973 with Section 202, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 499, Indian Penal Code, 1860 with Section 500, J.B. Pardiwala, Judges, Press and Registration of Books Act, 1867, Press and Registration of Books Act, 1867 with Section 5, Press and Registration of Books Act, 1867 with Section 7, R. Mahadevan

Introduction Date of the Judgment: 18 February 2025 Citation: 2025 INSC 241 Judges: J.B. Pardiwala and R. Mahadevan Can a person be prosecuted for defamation based on news articles questioning the authenticity of items in an auction? The Supreme Court of India addressed this question in the case of Jaideep Bose vs. M/S. Bid and

Supreme Court quashes defamation proceedings against journalists in auction controversy: Jaideep Bose vs. M/S. Bid and Hammer Auctioneers Private Limited (2025) INSC 241 (18 February 2025) Read Post »

Supreme Court clarifies conditions for bail under Section 437(6) CrPC in economic offences: Subhelal @ Sushil Sahu vs. The State of Chhattisgarh (2025) INSC 242 (18 February 2025)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 437, Code of Criminal Procedure, 1973 with Section 437(6), Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120-B, Indian Penal Code, 1860 with Section 420, J.B. Pardiwala, Judges, R. Mahadevan

Date of the Judgment: 18th February 2025 Citation: (2025) INSC 242 Judges: J.B. Pardiwala, J., R. Mahadevan, J. Can an accused be granted bail if the trial is not concluded within 60 days from the first date of evidence, as per Section 437(6) of the Code of Criminal Procedure? The Supreme Court addressed this question

Supreme Court clarifies conditions for bail under Section 437(6) CrPC in economic offences: Subhelal @ Sushil Sahu vs. The State of Chhattisgarh (2025) INSC 242 (18 February 2025) Read Post »

Supreme Court grants bail due to delayed trial in UAPA case: Tapas Kumar Palit vs. State of Chhattisgarh (2025) INSC 222 (14 February 2025)

/ Constitution of India, Constitutional Law with Article 21, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 149, J.B. Pardiwala, Judges, R. Mahadevan, Unlawful Activities Prevention Act, 1967 (UAPA), Unlawful Activities Prevention Act, 1967 (UAPA) with Section 13, Unlawful Activities Prevention Act, 1967 (UAPA) with Section 17

Introduction Date of the Judgment: 14th February, 2025 Citation: (2025) INSC 222 Judges: Justices J.B. Pardiwala and R. Mahadevan What happens when a trial is significantly delayed? The Supreme Court of India recently addressed this critical question in a case involving the Unlawful Activities Prevention Act (UAPA). The Court considered the balance between the seriousness

Supreme Court grants bail due to delayed trial in UAPA case: Tapas Kumar Palit vs. State of Chhattisgarh (2025) INSC 222 (14 February 2025) Read Post »

Supreme Court clarifies stamp duty on agreements to sell with possession: Ramesh Mishrimal Jain vs. Avinash Vishwanath Patne (2025)

/ Bombay Stamp Act, 1958, Bombay Stamp Act, 1958 with Article 25, Bombay Stamp Act, 1958 with Schedule I, J.B. Pardiwala, Judges, R. Mahadevan, Transfer of Property Act, Transfer of Property Act with Section 53A

Introduction Date of the Judgment: February 14, 2025 Citation: 2025 INSC 213 Judges: J.B. Pardiwala, J., R. Mahadevan, J. When does an agreement to sell immovable property become equivalent to a conveyance for stamp duty purposes? The Supreme Court of India addressed this critical question in the case of Ramesh Mishrimal Jain v. Avinash Vishwanath

Supreme Court clarifies stamp duty on agreements to sell with possession: Ramesh Mishrimal Jain vs. Avinash Vishwanath Patne (2025) Read Post »

Supreme Court settles the maintainability of a suit filed by former students in property dispute: M/S. B N PADMANABHAIAH AND SONS vs. R N NADIGAR & ORS. (2025)

/ Code of Civil Procedure, Code of Civil Procedure with Order 1 Rule 8, J.B. Pardiwala, Judges, R. Mahadevan, Specific Relief Act, Specific Relief Act with Section 38

Date of the Judgment: February 14, 2025 Citation: 2025 INSC 214 Judges: Justices J.B. Pardiwala and R. Mahadevan Can former students of a government school file a suit in a representative capacity to protect the school’s property? This was the central question before the Supreme Court in the case of M/S. B N PADMANABHAIAH AND

Supreme Court settles the maintainability of a suit filed by former students in property dispute: M/S. B N PADMANABHAIAH AND SONS vs. R N NADIGAR & ORS. (2025) Read Post »

Supreme Court clarifies penalty provisions under Section 271AAA of the Income Tax Act in search cases: K. Krishnamurthy vs. The Deputy Commissioner of Income Tax (2025)

/ Income Tax Act, 1961, Income Tax Act, 1961 with Section 132, Income Tax Act, 1961 with Section 142(1), Income Tax Act, 1961 with Section 271AAA, J.B. Pardiwala, Judges, Manmohan J.

Introduction Date of the Judgment: February 13, 2025 Citation: 2025 INSC 208 Judges: J.B. Pardiwala and Manmohan J. When can tax authorities impose penalties following a search operation? The Supreme Court of India addressed this question in a recent case concerning Section 271AAA of the Income Tax Act, 1961. The court clarified the scope and

Supreme Court clarifies penalty provisions under Section 271AAA of the Income Tax Act in search cases: K. Krishnamurthy vs. The Deputy Commissioner of Income Tax (2025) Read Post »

Supreme Court Clarifies “First Offence” in Income Tax Compounding Cases: Dobaria vs. CCIT (2025)

/ Income Tax Act, 1961, Income Tax Act, 1961 with Section 139, Income Tax Act, 1961 with Section 276CC, J.B. Pardiwala, Judges, Sanjay Karol

Date of the Judgment: February 7, 2025 Citation: 2025 INSC 155 Judges: J.B. Pardiwala, J., Sanjay Karol, J. When does the failure to file an income tax return become an “offence” under Indian law? The Supreme Court of India addressed this critical question in Vinubhai Mohanlal Dobaria v. Chief Commissioner of Income Tax, clarifying the

Supreme Court Clarifies “First Offence” in Income Tax Compounding Cases: Dobaria vs. CCIT (2025) Read Post »

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