{"id":300300,"date":"2023-08-29T15:00:10","date_gmt":"2023-08-29T09:30:10","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=300300"},"modified":"2023-08-29T13:18:56","modified_gmt":"2023-08-29T07:48:56","slug":"know-thy-judge-justice-prashant-kumar-mishra-supreme-court-legal-news","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2023\/08\/29\/know-thy-judge-justice-prashant-kumar-mishra-supreme-court-legal-news\/","title":{"rendered":"Know Thy Judge | Supreme Court of India: Justice Prashant Kumar Mishra"},"content":{"rendered":"
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Early Life, Education and Advocacy1<\/sup><\/a><\/p>\n

Justice Prashant Kumar Mishra was born on 29-08-1964 at Raigarh (in erstwhile Madhya Pradesh and now a district in Chhattisgarh). His educational qualifications include B.Sc. and LL. B Degrees from Guru Ghasidas University, Bilaspur (Chhattisgarh).<\/p>\n

Justice Mishra enrolled as an Advocate on 04-09-1987 and started his practice in District Court at Raigarh, High Court of Madhya Pradesh at Jabalpur and High Court of Chhattisgarh at Bilaspur. During his advocacy, Justice Mishra dealt with Civil, Criminal and Writ branches of law.<\/p>\n

Justice Mishra was designated as Senior Advocate by High Court of Chhattisgarh in January 2005. He served as Additional Advocate General for the State of Chhattisgarh from 26-06-2004 to 31-08-2007 and thereafter as Advocate General from 01-09-2007 till his elevation as Judge.<\/p>\n

Furthermore, Justice Prashant Kumar Mishra had been Chairman of Chhattisgarh State Bar Council and was appointed\/co-opted Member of the Rule Making Committee of High Court of Chhattisgarh.<\/p>\n

Justice Mishra had also been Chancellor’s Nominee in the Executive Council of Guru Ghasidas University, Bilaspur and was later associated with Hidayatullah National Law University, Raipur (Chhattisgarh) as its Ex-Officio Member in the Executive Council.<\/p>\n

Judgeship<\/p>\n

After 20 years of advocacy, Justice Mishra was elevated as Judge of High Court of Chhattisgarh on 10-12-20092<\/sup><\/a>. Justice Mishra was also appointed as Acting Chief Justice<\/a> of High Court of Chhattisgarh from 01-06-2021 to 11-10-2021.<\/p>\n

*Did you Know?<\/span> Justice Mishra ranked at serial number 21 in the All-India Seniority List of Judges of the High Courts3<\/sup><\/a>.<\/span><\/p>\n

Thereafter he was transferred to Andhra Pradesh High Court where Justice Mishra was appointed as Chief Justice and assumed charge of the Chief Justice's office on 13-10-2021.<\/p>\n

Considering Justice Mishra's 13 years' tenure as a Judge and his significant experience in diverse fields of law, the Supreme Court Collegium found Justice Prashant Mishra to be worthy for elevation to the Supreme Court. Therefore, the Collegium recommended<\/a> his name, which was expressly approved by the Law Ministry4<\/sup><\/a>.<\/p>\n

*Did you Know?<\/span> Justice Prashant Kumar Mishra was recommended for elevation to the Supreme Court by the Collegium on 16-05-2023 and in what can be considered as a record, the recommendation was approved by the President within two days, i.e., on 18-05-2023. <\/span><\/p>\n

On 19-05-2023, the Supreme Court of India formally inducted Justice Prashant Kumar Mishra<\/a>, as he took the oath of office administered by Dr. Justice D.Y. Chandrachud, Chief Justice of India. <\/p>\n

Notable Judgments of Justice Prashant Kumar Mishra<\/p>\n

Supreme Court of India<\/p>\n

Dying Declaration cannot be the sole basis of conviction; Supreme Court reproduces 11 factors to determine its weightage<\/p>\n

In appeal titled Irfan<\/i> v. State of U.P.<\/i>,<\/span> 2023 SCC OnLine SC 1060<\/a>, filed by the convict against the judgment and order passed by the Allahabad High Court, wherein the Court affirmed the conviction order and sentence of death passed by the Sessions judge for the offences punishable under Sections 302<\/a>, 436<\/a> and 326-A<\/a> of the Penal Code, 1860<\/a> (‘IPC’), the full bench of BR Gavai, JB Pardiwala*<\/span> and Prashant Kumar Mishra, JJ. while setting aside the conviction order, has held that dying declaration while carrying a presumption of being true must be wholly reliable and inspire confidence<\/a>. Where there is any suspicion over the veracity of the same or the evidence on record shows that the dying declaration is not true it will only be considered as a piece of evidence but cannot be the basis for conviction alone.<\/p>\n

Executing Court cannot hold execution decree inexecutable, merely because decree-holder lost possession to an encroacher<\/p>\n

In an appeal titled Ved Kumari v. MCD<\/span>, 2023 SCC OnLine SC 1065<\/a>, which was filed against judgment and orders dated 7-04-2916 and 4-11-2016 passed by the Delhi High Court affirming the order passed by Executing Court holding that the decree for possession of immoveable property was not executable against the judgment-debtor, Division Bench of B.V. Nagarathna and Prashant Kumar Mishra*<\/span>, JJ. reiterated that the Executing Court could not hold execution decree as inexecutable<\/a> merely for the reason that the decree-holder lost possession of decretal land to a third party or encroacher, and that it must adjudicate resistance to delivery of possession as per Order XXI Rules 97<\/a> to 101<\/a> of Civil Procedure Code, 1908<\/a> (‘CPC’).<\/p>\n

Supreme Court decides taxability of interest income on Bank FDs of Clubs; Illuminates Ratio Decidendi<\/p>\n

In a batch of Special Leave Petitions titled Secundrabad Club v. CIT<\/span>, 2023 SCC OnLine SC 1004<\/a>, arising against Andhra Pradesh and Madras High Court pertaining to Secunderabad Club, Madras Gymkhana Club, Madras Cricket Club, The Coimbatore Cosmopolitan Club, Madras Club, Wellington Gymkhana Club and Coonoor Club, wherein, the High Courts have uniformly held that the interest earned on the bank deposits made by the clubs is liable to be taxed in the hands of the clubs, restricting the principle of mutuality, the Division Bench of B.V. Nagarathna*<\/span> and Prashant Kumar Mishra, JJ. held that the decision in Bangalore Club v. CIT<\/i>, (2013) 5 SCC 509<\/a> was to be construed as a precedent and therefore, income earned on fixed deposits by the said Clubs fell within the meaning of<\/a> Section 2(24)<\/a> of Income Tax Act, 1961<\/a>.<\/p>\n

‘Courts cannot lose sight of serious accusations against an accused while granting bail'; SC sets aside cryptic and casual bail order<\/p>\n

In Rohit Bishnoi v. State of Rajasthan<\/span>, 2023 SCC OnLine SC 870<\/a>, filed against the Order of Rajasthan High Court wherein bail was granted to the accused persons for offences punishable under Section 302<\/a> read with Section 34<\/a> of the Penal Code, 1860<\/a> (‘IPC') and Section 3<\/a> read with Sections 25<\/a> and 27<\/a> of the Arms Act, 1959<\/a>, the Division Bench of B.V. Nagarathna*<\/span> and Prashant Kumar Mishra, JJ., found that the High Court not right in granting bail to the accused persons and viewed that the High Court had lost sight of the vital aspects of the case.<\/a><\/p>\n

Judicial Body like NGT cannot simply accept Expert Committee recommendations without complying with Principles of Natural Justice<\/p>\n

While hearing a batch of civil appeals titled Singrauli Super Thermal Power Station v. Ashwani Kumar Dubey<\/span>, 2023 SCC OnLine SC 824<\/a>, against the Judgment and order of the National Green Tribunal (‘NGT'), wherein the NGT had directed remedial measures for flying ashes and public health issues<\/a> in several Thermal Power Plants (‘TPPs'), the Division Bench of B.V. Nagarathna and Prashant Kumar Mishra, JJ., allowed the appeals and set aside the impugned order of the NGT for non-compliance with the principles of natural justice.<\/p>\n

Andhra Pradesh High Court<\/p>\n

[Development of Amravati Capital City] Andhra Pradesh HC issues directions to construct and develop Amaravati capital city and region within 6 months<\/p>\n

The Full Bench of the High Court in Rajadhani Rythu Parirakshnana Samithi v. State of A.P.,<\/span> 2022 SCC OnLine AP 490<\/a>, issued a series of directions for the State authorities vis-à-vis creation of new capital city of Amravati <\/p>\n