Keeping Pace with Legal Change
Justice Oka has championed rights of slum dwellers, upheld environmental safeguards, protected free speech, ensured humanitarian care during COVID-19, and clarified federal powers, blending deep empathy with strict legal principles.
Section 141 of the National Insurance Act is the subject of this article, which provides an analysis of a Supreme Court case that clarifies directors’ vicarious liability. It places an emphasis on the necessity of precise allegations in complaints and draws attention to the delicate balance that must be maintained between preventing dishonor of checks and safeguarding individuals from unjustified punishment.
The Supreme Court held that under Section 239 CrPC magistrates must decide discharge solely on the charge-sheet and Section 173 documents, excluding any defence-sourced evidence to prevent premature mini-trials.
A dispute that had been going on for a long time regarding the dual taxation of DTH services was finally decided by the Supreme Court in 2025. In doing so, it affirmed the Center’s exclusive jurisdiction under the Union List and declared that the entertainment tax that the state imposes on broadcasting services is unlawful. In addition to invalidating overlapping and discriminatory taxation rules, the Court placed considerable emphasis on legislative competence, and it underlined the need of content and pith.
Entry 31 of List I in the Seventh Schedule of the Indian Constitution vests Parliament with exclusive authority over broadcasting, telecommunications, postal services, and allied communication forms. This provision ensures uniform regulation of Direct-to-Home satellite transmission across India, prohibiting states from enacting conflicting legislation in these sectors nationwide.
Section 2 of the Forest (Conservation) Act, 1980 establishes that any land recorded as forest is subject to the Act and strictly bars any State government or authority from de-reserving or diverting it for non-forest purposes without prior central approval.
Section 302 of the Indian Penal Code, 1860 prescribes punishment for murder. It mandates life imprisonment or death sentence upon conviction, reflecting society’s gravest condemnation of intentional unlawful killing.
Section 3(2)(b) of the Consumer Protection Act, 2019 mandates twenty years’ professional experience for non-judicial members. This requirement is disproportionate to judges’ ten years, resulting in unfair barriers to experts.
The ruling that was handed down by Justices Abhay S. Oka and Augustine George Masih in the case of Dileep Kumar Pandey v. Union of India and Others (Civil Appeal Nos. 10899 & 11378 of 2013) said that the Air Force School at Bamrauli is considered to be a state authority in accordance with Article 12 of the Constitution. The Court came to the conclusion that the private society was changed into a public instrumentality as a result of the pervasive control exercised by the government. This control was exercised through funding, administration by serving officers, regulated pay schedules, and disciplinary authority. In light of this, the actions taken by the School that have an impact on the working conditions of teachers are subject to writ jurisdiction in accordance with Article 226. Through this precedent-setting decision, it is reaffirmed that organizations that carry out public responsibilities under the authority of the government cannot avoid constitutional accountability.
The Supreme Court of India addressed a significant issue that affects millions of people in India on a daily basis in the writ petition Gyan Prakash v. Union of India & Ors. [Writ Petition (C) No. 1272 of 2019]. This issue is the unlawful encroachments on National Highways and the direct impact that these encroachments have on traffic safety. Concerning the urgent need to enforce the requirements of the Control of National Highways (Land and Traffic) Act, 2002 (which will be referred to in the following paragraphs as “the 2002 Act”) and its related rules, the case was presided over by Justices Abhay S. Oka and Augustine George Masih.
In the petition, the alarming number of fatalities that have occurred as a result of highway accidents was brought to light, and the petition sought the Court to compel the authorities to apply regulations that are designed to ensure the safe and legitimate use of roadways.
