Justice BR Gavai

Further investigation us 173(8)
Case BriefsSupreme Court

‘Even if the parties involved in a case themselves, with no valid justification attempt to delay the proceedings, the Courts need to be vigilant and nip any such attempt in the bud instantly. Pleadings with outrageous & ex facie unbelievable averments being made; Frivolous & vexatious proceedings be met with due sanctions to dissuade parties from resorting to such tactics.’

Judges remarks
Hot Off The PressNews

“Casual observation may indicate personal biases especially when perceived to be directed at a certain gender or community. One must be wary of making patriarchal or misogynistic comments”

Garbage Processing Plant Pune Municipal Corporation
Case BriefsSupreme Court

In 2019, Sus Road Baner Vikas Manch, preferred an application before the NGT, Western Zone, seeking to restrain Noble Exchange Environment Solution from operating the GPP, since the same had been established without following the procedure prescribed by law.

bulldozer action
Case BriefsSupreme Court

“The said direction would not be applicable if there is an unauthorized structure in any public place and also to cases where there is an order for demolition made by a Court.”

MBBS admission to disabled
Case BriefsSupreme Court

Dean of Pune’s Byramjee Jeejeebhoy Government Medical College was directed to constitute a Medical Board to examine as to whether the speech and language disability of the petitioner would come in his way of pursuing the MBBS.

bulldozer action
Case BriefsSupreme Court

The Court sought suggestions from all the parties, which can be considered in framing appropriate guidelines.

custody to father
Case BriefsSupreme Court

“Whether the writ Court should exercise its jurisdiction under Article 226 of the Constitution of India or not will depend on the facts and circumstances of each case. However, it is to be noted that a common thread in all the judgments relating to the custody of minor children is the paramount welfare of the child.”

Coordinate Bench of High Court
Case BriefsSupreme Court

In the matter at hand, the Division Bench of High Court upheld a detention order, which was quashed by a coordinate Bench of the same High Court, based on same grounds and material relied.

horizontal reservation
Case BriefsSupreme Court

“The appellants were deprived of their legitimate claim of admission against the UR-GS category due to an erroneous application of the methodology in applying the horizontal and vertical reservation”.

detention orders under COFEPOSA
Case BriefsSupreme Court

The question of law which revolved around right of making representation being seriously jeopardized as detenus were supplied with various documents as parts of relied upon documents (‘RUDs’) which are illegible, incomplete and not readable violating Article 22 (5) of the Constitution of India read with Section 3 (3) of COFEPOSA Act, was kept open.

Manish Sisodia bail
Case BriefsSupreme Court

“It will be travesty of Justice if he has to be relegated to Trial Court again. Sisodia has been deprived of the right to speedy trial, which is a sacrosanct right”.

Punjab & Haryana HC Judge
Hot Off The PressNews

“Supreme Court said that it was constrained to take suo motu notice of the 17-07-2024 order as such orders intend to bring entire judicial machinery to disrepute and it also lowers dignity of the High Court as well and such observations were wholly unnecessary”

exclude creamy layer SC/ST
Case BriefsSupreme Court (Constitution/Larger Benches)

“The criteria for exclusion of the creamy layer from the SCs and STs for the purpose of affirmative action could be different from the criteria as applicable to the Other Backward Classes.”

Misuse of CBI
Case BriefsSupreme Court

The State of West Bengal had challenged the CBI’s action of registering Suo moto cases for offences that occurred within its territory without any direction from the competent court or prior consent by the State.

Nithari Killings
Hot Off The PressNews

Last year, in October, the Allahabad High Court had acquitted Surendra Koli and Moninder Singh Pandher in the Nithari Killings matter and set aside their death sentences.

jurisdiction to deal with UAPA
Case BriefsSupreme Court

The State Government has been given exclusive power delegated by virtue of Section 22(1) of the NIA Act to constitute one or more Special Courts for trial of offences under any or all the enactments specified in the Schedule to the NIA Act

appointment of Permanent Judges
Appointments & TransfersNews

The Resolution dated 03-04-2024 was signed by two members of the Collegium as Justice B R Gavai was travelling out of Delhi. However, Justice Gavai verbally conveyed his agreement with the proposal.

consumer complaint by company under Consumer Protection Act
Case BriefsSupreme Court

In the Consumer Protection Act, 2019, a body corporate was brought within the definition of ‘person’, indicating that the legislature realized the incongruity in the unamended provision and rectified the anomaly by including the word ‘company’ in the definition of ‘person’.

Justice BR Gavai speech
Hot Off The PressNews

Justice BR Gavai explained that the power of judicial review is based on the basic principles of separation of power, being essential for a society governed by the rule of law, that every State organ has the power to act in its domain.

bail condition
Case BriefsSupreme Court

Supreme Court quashed and set aside the condition imposed by the Orissa High Court restricting involvement in political activities.