J.B. Pardiwala

Right to Dignified Burial vs. Public Order: Supreme Court Denies Exhumation in Mohammad Latief Magrey vs. Union Territory of Jammu and Kashmir (2022)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 176(3), Constitutional Law, Constitutional Law with Article 21, Constitutional Law with Article 25, Fundamental Rights, J.B. Pardiwala, Judges, Surya Kant

Supreme Court Upholds Right to Dignified Burial, Denies Exhumation in Terrorist Encounter Case LEGAL ISSUE: Balancing the right to a dignified burial with concerns of public order and security. CASE TYPE: Writ Petition/Civil Appeal Case Name: Mohammad Latief Magrey vs. The Union Territory of Jammu and Kashmir & Ors. Judgment Date: 12 September 2022 Date […]

Right to Dignified Burial vs. Public Order: Supreme Court Denies Exhumation in Mohammad Latief Magrey vs. Union Territory of Jammu and Kashmir (2022) Read Post »

Supreme Court directs Sessions Court to verify juvenility claim of convict: Vinod Katara vs. State of Uttar Pradesh (12 September 2022)

/ Constitutional Law, Constitutional Law with Article 39, Dinesh Maheshwari, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, J.B. Pardiwala, Judges, Juvenile Justice Act, Juvenile Justice Act, 2000 with Section 20, Juvenile Justice Act, 2000 with Section 7A, Juvenile Justice Act, 2015 with Section 94, Offences Against Human Body

Supreme Court directs Sessions Court to verify juvenility claim of convict: Vinod Katara vs. State of Uttar Pradesh (2022) LEGAL ISSUE: Whether a claim of juvenility can be raised at any stage of a legal proceeding, even after the final disposal of the case. CASE TYPE: Criminal Case Name: Vinod Katara vs. State of Uttar

Supreme Court directs Sessions Court to verify juvenility claim of convict: Vinod Katara vs. State of Uttar Pradesh (12 September 2022) Read Post »

Supreme Court Clarifies Burden of Proof in Disproportionate Assets Cases: State of Tamil Nadu vs. R. Soundirarasu (2022)

/ Code of Criminal Procedure, Code of Criminal Procedure with Section 239, Code of Criminal Procedure with Section 240, Criminal Misconduct, Dinesh Maheshwari, J.B. Pardiwala, Judges, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(1)(e)

Supreme Court on Disproportionate Assets: State vs. R. Soundirarasu (2022) LEGAL ISSUE: Burden of proof in cases of disproportionate assets under the Prevention of Corruption Act, 1988. CASE TYPE: Criminal Law, Prevention of Corruption Case Name: State through Deputy Superintendent of Police vs. R. Soundirarasu ETC. Judgment Date: 5 September 2022 Introduction Date of the

Supreme Court Clarifies Burden of Proof in Disproportionate Assets Cases: State of Tamil Nadu vs. R. Soundirarasu (2022) Read Post »

Supreme Court Allows Amendment for Enhanced Damages in Specific Performance Suit: LIC vs. Sanjeev Builders (2022)

/ Aniruddha Bose, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order II Rule 2, Civil Procedure Code, 1908 with Order VI Rule 17, J.B. Pardiwala, Judges, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 21, Specific Relief Act, 1963 with Section 22

Supreme Court Allows Amendment for Enhanced Damages in Specific Performance Suit: LIC vs. Sanjeev Builders (2022) LEGAL ISSUE: Whether a plaintiff can amend a plaint to increase the claim for damages in a suit for specific performance of contract after a significant delay. CASE TYPE: Civil, Specific Performance Case Name: Life Insurance Corporation of India

Supreme Court Allows Amendment for Enhanced Damages in Specific Performance Suit: LIC vs. Sanjeev Builders (2022) Read Post »

Supreme Court Upholds Murder Conviction Based on Eyewitness Testimony: Shahaja vs. State of Maharashtra (2022)

/ Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 27, Indian Evidence Act, 1872 with Section 8, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, J.B. Pardiwala, Judges, Offences Against Human Body, Surya Kant

Supreme Court Upholds Murder Conviction Based on Eyewitness Testimony: Shahaja vs. State of Maharashtra (2022) LEGAL ISSUE: Whether the High Court erred in upholding a murder conviction based on eyewitness testimony and circumstantial evidence. CASE TYPE: Criminal Case Name: Shahaja @ Shahajan Ismail Mohd. Shaikh vs. State of Maharashtra [Judgment Date]: 14 July 2022 Introduction

Supreme Court Upholds Murder Conviction Based on Eyewitness Testimony: Shahaja vs. State of Maharashtra (2022) Read Post »

Supreme Court Refuses CBI Probe into Chhattisgarh Killings, Imposes Costs: Himanshu Kumar vs. State of Chhattisgarh (2022)

/ A.M. Khanwilkar, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 195, Code of Criminal Procedure, 1973 with Section 340, Constitutional Law, Constitutional Law with Article 32, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 191, Indian Penal Code, 1860 with Section 192, Indian Penal Code, 1860 with Section 211, J.B. Pardiwala, Judges

Supreme Court Refuses CBI Probe into Chhattisgarh Killings, Imposes Costs: Himanshu Kumar vs. State of Chhattisgarh (2022) LEGAL ISSUE: Whether the investigation of alleged killings of tribals in Chhattisgarh should be transferred to the Central Bureau of Investigation (CBI). CASE TYPE: Criminal Writ Petition Case Name: Himanshu Kumar and Others vs. State of Chhattisgarh and

Supreme Court Refuses CBI Probe into Chhattisgarh Killings, Imposes Costs: Himanshu Kumar vs. State of Chhattisgarh (2022) Read Post »

Supreme Court Upholds Murder Conviction Based on Oral Dying Declaration: Kamal Khudal vs. State of Assam (2022)

/ Dying Declaration, Evidence Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, J.B. Pardiwala, Judges, Offences Against Human Body, Surya Kant

Supreme Court Upholds Murder Conviction Based on Oral Dying Declaration: Kamal Khudal vs. State of Assam (2022) LEGAL ISSUE: Whether an oral dying declaration can be the sole basis for conviction in a murder case. CASE TYPE: Criminal Case Name: Kamal Khudal vs. State of Assam Judgment Date: 14 July 2022 Date of the Judgment:

Supreme Court Upholds Murder Conviction Based on Oral Dying Declaration: Kamal Khudal vs. State of Assam (2022) Read Post »

Supreme Court Limits Scope of Anticipatory Bail Hearings: Subrata Roy Sahara vs. Pramod Kumar Saini (2022)

/ A.M. Khanwilkar, Anticipatory Bail, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 438, J.B. Pardiwala, Judges

Supreme Court Limits Scope of Anticipatory Bail Hearings: Subrata Roy Sahara vs. Pramod Kumar Saini (2022) LEGAL ISSUE: Scope of inquiry in anticipatory bail applications. CASE TYPE: Criminal Case Name: Subrata Roy Sahara vs. Pramod Kumar Saini & Ors. [Judgment Date]: 14 July 2022 Introduction Date of the Judgment: 14 July 2022 Citation: 2022 INSC

Supreme Court Limits Scope of Anticipatory Bail Hearings: Subrata Roy Sahara vs. Pramod Kumar Saini (2022) Read Post »

Supreme Court Clarifies Discharge Rules for Assam Rifles Personnel: Amarendra Kumar Pandey vs. Union of India (2022)

/ Administrative Law, Administrative Law with Reasoned Orders, Disciplinary Proceedings, J.B. Pardiwala, Judges, Judicial Review, Service Law, Service Law with Assam Rifles Act, 1941, Surya Kant

Supreme Court Clarifies Discharge Rules for Assam Rifles Personnel: Amarendra Kumar Pandey vs. Union of India (2022) LEGAL ISSUE: Whether discharge from service is mandatory for Assam Rifles personnel upon receiving four Red Ink entries. CASE TYPE: Service Law (Armed Forces). Case Name: Amarendra Kumar Pandey vs. Union of India & Ors. [Judgment Date]: July

Supreme Court Clarifies Discharge Rules for Assam Rifles Personnel: Amarendra Kumar Pandey vs. Union of India (2022) Read Post »

Child Custody Dispute: Supreme Court Orders Return of Children to USA

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 32, Guardians and Wards Act, 1890, Guardians and Wards Act, 1890 with Section 17, Guardians and Wards Act, 1890 with Section 7, Hindu Minority and Guardianship Act, 1956, Hindu Minority and Guardianship Act, 1956 with Section 13, Hindu Minority and Guardianship Act, 1956 with Section 6, J.B. Pardiwala, Judges

Supreme Court Orders Return of Children to USA in Custody Battle LEGAL ISSUE: International Child Custody and Habeas Corpus CASE TYPE: Family Law, Writ Jurisdiction Case Name: Rajeswari Chandrasekar Ganesh vs. The State of Tamil Nadu & Ors. Judgment Date: 14 July 2022 Date of the Judgment: 14 July 2022 Citation: [Not Available in Source]

Child Custody Dispute: Supreme Court Orders Return of Children to USA Read Post »

Supreme Court settles seniority of Munsiffs: Manoj Parihar vs. State of Jammu & Kashmir (2022) INSC 578 (27 June 2022)

/ Constitutional Law, Constitutional Law with Article 16, Direct Recruitment, J.B. Pardiwala, Judges, Seniority, Service Law, Surya Kant

Supreme Court settles seniority of Munsiffs: Manoj Parihar vs. State of Jammu & Kashmir (2022) INSC 578 (27 June 2022) LEGAL ISSUE: Whether the inter-se seniority of Munsiffs should be determined based on roster points or merit. CASE TYPE: Service Law. Case Name: Manoj Parihar & Ors. vs. State of Jammu & Kashmir & Ors.

Supreme Court settles seniority of Munsiffs: Manoj Parihar vs. State of Jammu & Kashmir (2022) INSC 578 (27 June 2022) Read Post »

Supreme Court Limits Power to Modify Laws in Chandigarh: Independent Schools’ Association vs. Union of India (2022)

/ A.M. Khanwilkar, Abhay S. Oka, Constitutional Law, Constitutional Law with Article 14, Delegated Legislation, J.B. Pardiwala, Judges, Punjab Re-organisation Act, 1966, Punjab Re-organisation Act, 1966 with Section 87

Supreme Court Limits Power to Modify Laws in Chandigarh: Independent Schools’ Association vs. Union of India (2022) LEGAL ISSUE: Scope of power to modify laws extended to Union Territories. CASE TYPE: Education Law/Constitutional Law. Case Name: Independent Schools’ Association Chandigarh (Regd.) & Ors. vs. Union of India & Ors. [Judgment Date]: 11 May 2022 Date

Supreme Court Limits Power to Modify Laws in Chandigarh: Independent Schools’ Association vs. Union of India (2022) Read Post »

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