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Important Personalities
Justice P.B. Varale
« »19-Jul-2024
Introduction
Justice P.B. Varale was born on 23rd June 1962 in Nipani. He pursued a degree in Arts and Law from Dr. Babasaheb Ambedkar Marathwada University.
Career
- Justice Varale enrolled as an Advocate on 12th August 1985.
- He joined the chamber of S.N. Loya and this gave him exposure in diverse legal matters.
- Justice Varale served as a lecturer in Law at Ambedkar Law College, Aurungabad from 1990 to 1992.
- He served as the Assistant Government Pleader and Additional Public Prosecutor at the High Court Bench in Aurangabad.
- On 18th July 2008 he was elevated to the bench of High Court of Bombay
- On 15th October 2022 he took oath as the Chief Justice of the High Court of Karnataka.
- With his appointment the Supreme Court now has three judges from the Scheduled Castes- Justices BR Gavai, CT Ravikumar and Varale. This is the highest ever representation of the community in the Supreme Court.
Notable Judgments
- Uniworld Logistics Pvt. Ltd v. Indev Logistics Pvt. Ltd. (2024)
- The Supreme Court held that claims for mesne profits and claim for possession are two different causes of action.
- It was held therefore that the subsequent suit for arrears of rent was maintainable after the suit for possession.
- State of Punjab v. Pratap Singh Verka (2024)
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- The Supreme Court has reiterated that the court cannot take cognizance of an offence committed by a public servant under the Prevention of Corruption Act, 1988 without prosecution sanction.
- The Court held that this condition is applicable even for summoning a public servant as an additional accused under Section 319 of the Code of Criminal Procedure.
- P. Sasikumar v. The State Rep. By the Inspector (2024)
- The Supreme Court observed that if the accused is a stranger to a witness, then without holding a Test Identification Parade (TIP) of the accused, the identification of the accused by a witness in the court cannot be considered a good piece of evidence for deciding conviction.
- The Court added that if there was no TIP, then the conviction cannot be decided solely on the identification of an accused made by a witness in the Court.
- The court said so to prevent the dock identification of the accused by a witness, wherein the identity of an accused always remains under the cloud of suspicion being fairly determined by a TIP.
- State of Maharashtra v. Shatrughna Baban Meshram (2015)
- The Bombay High Court in a first sentencing of its kind, confirmed double death sentence and double life imprisonment in a case of rape and murder of a two-year-old girl by her uncle.
- The sentence was awarded under Section 376-A of the IPC which was brought through the Criminal Law Amendment Act, 2014 after the gruesome Nirbhaya case.
- This section provides for death sentence for an offence of committing rape and inflicting injury which causes death or causes the woman to be in a persistent vegetative state.
- Sandip Baburao Waidande v. State of Maharashtra (2021)
- A Division Bench of Prasanna B. Varale and S.M. Modak, JJ., held that in a matter of circumstantial evidence, the law does not require a particular number of circumstances to establish the chain, it only depends on nature.
- Further, even if the circumstance of the last seen together was considered, the Court did not think that other circumstances were sufficient to prove the guilt of the accused.
- The Court opined that prejudice was caused to the accused.
- Karnataka Power Transmission Corpn. Ltd. v. S Kiran (2023)
- A division bench of Karnataka High Court upheld an order of a Single Judge which directed the Karnataka Power Transmission Corporation Limited to reinstate an employee who was dismissed from service due to unauthorised absence of 632 days (about 1 year 9 months) on account of suffering from mental depression.