Search Results for: B V Nagarathna
Know Thy Judge | Justice BV Nagarathna: The Arc Moving Toward a First Woman CJI
Justice B. V Nagarathna who is currently serving as a Judge of Supreme Court of India, formerly served as a Judge of Karnataka High Court until her elevation to the Supreme Court. Justice Nagarathna is also the potential contender for the first ever woman Chief Justice of India.
Continue reading
How private resources become resources ‘of community’ & distributed for common good? Deciphering Justice BV Nagarathna’s partial dissent in 9-J Bench verdict
“Unless and until private ownership and control of the material resources are transformed or converted into the “material resources of the community” which is a condition precedent, there cannot be distribution of the said resources by the State. Otherwise, the State would merely transfer privately owned material resources from one owner to another person, without first making it a “material resource of the community” which, is not the intent of the framers of the Constitution and neither is the same envisaged under Article 39(b).”
Continue reading
Justice BV Nagarathna: Igniting Hope for the First Ever Woman Chief Justice of India
Justice B. V Nagarathna who is currently serving as a Judge of Supreme Court of India, formerly served as a Judge of Karnataka High Court until her elevation to the Supreme Court. Justice Nagarathna is also the potential contender for the first ever woman Chief Justice of India.
Continue reading
What Justice Nagarathna held on States’ power to regulate ‘Industrial alcohol’ as lone dissenting voice in 8:1 verdict
Nagarathna, J., was of the view that Synthetics and Chemicals Ltd. v. State of U.P., (1990) 1 SCC 109, did not require overruling and it continues to be good law in the context of what is comprised in the expression “industrial alcohol” and “intoxicating liquors”.
Continue reading
Read Justice BV Nagarathna’s sole dissent in SC’s verdict on ‘royalty’ as tax and States power to levy cess on mineral rights
“Royalty is in the nature of a tax or an exaction. It is not merely a contractual payment but a statutory levy under Section 9 of the MMDR Act.”
Continue reading
Supreme Court holds that States can levy cesses on mining and mineral-use activities; Justice BV Nagarathna dissents
This matter was the oldest pending nine-judge Bench case before the Supreme court. The Bench had reserved its judgment in the matter on 14-03-2024
Continue reading
‘Non-consideration of adverse effect on health of humans, animals, plants’: Justice Nagarathna on Centre’s approval for Genetically Modified mustard cultivation
“The failure to adequately assess health and environmental impact of Genetically Modified crops seriously infringes upon intergenerational equity as it potentially endangers the ability of future citizens to enjoy the highest attainable standard of health.”
Continue reading
Justice BV Nagarathna: Igniting Hope for the First Ever Woman Chief Justice of India
Justice B. V Nagarathna is currently serving as a Judge of Supreme Court of India. She formerly served as a Judge of Karnataka High Court until her elevation to the Supreme Court. Justice Nagarathna is also the potential contender for the first ever woman Chief Justice of India.
Continue reading
Ministers and the freedom to make ‘hurtful’ statements: Supreme Court’s Constitution Bench verdict & Justice Nagarathna’s partial dissent, explained
The issue emerged after SP leader Azam called the unfortunate incident of 2016 gang-rape of a minor and her mother in Uttar Pradesh a “political conspiracy only and nothing else”. V Ramasubramanian, J delivered the verdict for himself and SA Nazeer, AS Bopanna, BR Gavai, JJ, however, BV Nagarathna, J, while agreeing with the reasoning and conclusions arrived at by the majority on certain questions referred, went on to lend a ‘different perspective’ on some issues.
Continue reading
Live Blogging | NALSAR Courts and Constitution 2024 [March 29-31]
The Courts and the Constitution hosted by NALSAR University of Law is all set to begin! Courts and Constitution is an annual
Continue reading
Disinvesting of Hindustan Zinc Ltd.; SC smells irregularities in bidding process, directs full-fledged CBI enquiry in the matter
“There is a trend of poorly pleaded public interest litigations being filed instantly following a disclosure in the media, with a conscious intention to obtain a dismissal from the Court and preclude genuine litigants from approaching the Court in public interest.”
Continue reading[Preventive Detention] Kar HC | Non-consideration of representation at the earliest opportunity could lead to release of detenu; Guidelines/Directions issued
Karnataka High Court: A Division Bench of B V Nagarathna and Hanchate Sanjeev Kumar, JJ. allowed the petition and directed the release
Continue reading
Call for Registration | Courts and the Constitution Conference, 2026
NALSAR University of Law, in collaboration with BML Munjal University and Law and Other Things, invites registrations for the Courts and the Constitution Conference 2026 on contemporary constitutional developments in India.
Continue reading
IBC vests decisive authority on CoC’s commercial wisdom; Confines judicial review strictly under Ss. 30(2) & 61(3) IBC: Supreme Court
“Commercial wisdom of the CoC enjoys primacy and cannot be supplanted by judicial review. Neither the NCLT, nor the NCLAT nor even this Court is empowered to substitute its assessment in place of the commercial decision arrived at by a requisite majority of the CoC”.
Continue reading
Know Thy Judge | Justice N. Kotiswar Singh’s journey as the First Judge from Manipur to the Supreme Court
Justice Nongmeikapam Kotiswar Singh served as the Chief Justice of Jammu & Kashmir and Ladakh High Court, prior to being elevated as Judge of the Supreme Court of India on 18-7-2024.
Continue reading
The Ultimate Guide to Constitutional Interpretation in India — New Book by Prof. Ishwara Bhat
Constitutional Interpretation: Principles by Prof. P. Ishwara Bhat — a definitive and comprehensive treatise examining the doctrines, methods, and evolving approaches shaping constitutional law in India. A must-read for legal scholars, practitioners, and students.
Continue reading
‘Sharbat Rooh Afza’ classifiable as fruit drink under Entry 103 of UPVAT Act taxable at 4%: Supreme Court
“The nomenclature “sharbat” does not strip the product of its essential character as a fruit-based beverage concentrate, particularly where its composition and intended use align with that understanding.”
Continue reading