Justice JB Pardiwala

Guidelines for admission of PwD in medical courses
Case BriefsSupreme Court

“Central to the principles of reasonable accommodation and the individualized experience of disability is the right to access legal protections without undue mental hardship. If persons with disabilities must repeatedly turn to the courts to correct the missteps of authorities, then the rights recognized by this Court and the RPWD Act risk becoming hollow assurances.”

Section 6A of Citizenship Act
Case BriefsSupreme Court (Constitution/Larger Benches)

“Section 6A of the Citizenship Act, which was meant to dispel and discourage incoming illegal immigrants, turned out to be a beacon for the illegal immigrants from Bangladesh to come into Assam, by taking advantage of the poor mechanism which is prone to open abuse.”

criminal breach of trust and cheating
Case BriefsSupreme Court

“For cheating, criminal intention is necessary at the time of making a false or misleading representation i.e., since inception. In criminal breach of trust, mere proof of entrustment is sufficient. Thus, in case of criminal breach of trust, the offender is lawfully entrusted with the property, and he dishonestly misappropriated the same. Whereas, in cheating, the offender fraudulently or dishonestly induces a person by deceiving him to deliver any property.”

Watali Judgment
Case BriefsSupreme Court

In Zahoor Ahmad Shah Watali v. National Investigating Agency, 2018 SCC OnLine Del 11185, the accused under various provisions of IPC and UAPA was released on bail by the High Court, conducting a mini trial and determining admissibility of certain evidence which clearly exceeded the limited scope of a bail proceeding, hence, the Supreme Court in NIA v. Zahoor Ahmad Shah Watali, (2019) 5 SCC 1, cancelled the said grant of bail.