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Marking the conclusion of an extraordinary judicial career spanning more than four decades, Justice Abhay Oka retires on 23-5-2025. His journey, from the courtrooms of Thane to the pinnacle of the Indian judiciary, has been defined by a deep commitment to justice, tireless work ethic, and unshakable integrity.
“These directions shall continue to bind the Motor Accidents Claims Tribunal and the Commissioners under the Workmen’s Compensation Act, 1923 till rule-making power is properly exercised by the Government”.
“No provision under the 1908 Act confers power on any authority to refuse registration of a transfer document on the ground that the documents regarding the title of the vendor are not produced, or if his title is not established”.
“Even after 75 years of the existence of the Constitution, the law enforcement machinery of the State is either ignorant or does not care for one of the most important fundamental rights conferred on the citizens of India under Article 19 (1)(a) of the Constitution”.
“Considering the pendency of very old criminal appeals, priority is usually given to the hearing of the appeals where the accused are in prison. The appeals against conviction where the accused are on bail take a backseat”.
The Court also held that the auction purchaser was not entitled to either ownership or leasehold rights in respect of the plot and could not claim to be a lessee as the lease in terms of the lease agreement entered into by the DDA was never executed.
“The accused persons had no knowledge that by asking the two employees to work on the sign board as part of the work of decoration of the frontage of the shop, such an act was likely to cause the death of the two deceased employees.”
“Equitable considerations do apply when the Court considers the prayer for maintenance under Section 25. The reason is that Section 25 lays down that while considering the prayer for granting relief under Section 25, the conduct of the parties must be considered.”
“Appropriate Government has the power to incorporate suitable conditions in an order granting permanent remission. The conditions must not be oppressive or stringent that the convict is not able to take advantage of the order granting permanent remission. The conditions cannot be vague and should be capable of being performed”.
Once a person is arrested, his right to liberty under Article 21 is curtailed. When such an important fundamental right is curtailed, it is necessary that the person concerned must understand on what grounds he has been arrested.
“The circumstances taken cumulatively must be so complete that there is no escape from the conclusion that, within all human probability, the crime was committed by the accused and none else. While there is no doubt that conviction can be based solely on circumstantial evidence, great care must be taken in evaluating circumstantial evidence.”
“We expected the State to put on record reasons for detaining 270 foreign nationals in the transit camp and details of the steps taken by the State Government for deporting the detenues in the detention camp.”
“Section 37 of the 1996 Act grants narrower scope to the appellate court to review the findings in an arbitral award if it has been upheld or substantially upheld under Section 34.”
On 01-06-1958, the Government of India published a notification in the exercise of powers conferred under Section 3(e) of the Mines and Mineral (Regulations and Development) Act, 1957 by which brick earth was declared a minor mineral within the meaning of the 1957 Act.
“The power to arrest or detain a foreigner under the Foreigners Act, 1946 is independent of the power of the Criminal Court to grant bail. Notwithstanding the bail granted by a Criminal Court, the power to arrest and detain a foreigner can be exercised, provided the Central Government makes an order in terms of clause (g) of Section 3(2) of the Act.”
The Court strictly noted that the provision made in Section 162, the MV Act for framing a scheme for providing cashless treatment in the golden hour seeks to uphold and protect the right to life guaranteed by Article 21 of the Constitution. Moreover, it is a statutory obligation of the Central Government to frame the scheme.
“The Constitutional Courts can lay down the principles governing the grant of bail or anticipatory bail, however, the Constitutional Courts cannot interfere with the discretion of Trial Courts by laying down the form in which an order should be passed while deciding bail applications…Explanation of a Judicial Officer can be called for only on the administrative side.”
“Article 21 of the Constitution does not end with the pronouncement of the sentence but extends to the execution stage of that sentence. An inordinate delay in the execution of the sentence of death has a dehumanising effect on the accused. An inordinate delay caused by circumstances beyond the prisoners’ control mandates the commutation of a death sentence.”
The Supreme Court also emphasized that there needs to be a mechanism for keeping a vigil to ensure that there is no unauthorised felling of trees.
The Court strictly pointed out that the High Court could not have used a judgment on the judicial side to advise individual Judicial Officers. That can only be done on the administrative side in an appropriate case.