Meet Justice Prashant Kumar Mishra and his Notable Judicial decisions
- ByPravleen Kaur --
- 18 Jun 2025 --
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Justice Prashant Kumar Mishra, born on August 29, 1964, in Raigarh, Chhattisgarh, is a sitting judge of the Supreme Court of India, having been elevated to the apex court on May 19, 2023. He holds B.Sc. and LL.B. degrees from Guru Ghasidas University, Bilaspur, and began his legal career in 1987. Justice Mishra practiced extensively in civil, criminal, and writ matters at the District Court in Raigarh, the Madhya Pradesh High Court at Jabalpur, and later the Chhattisgarh High Court. He was designated a Senior Advocate in 2005 and held key roles such as Chairman of the Chhattisgarh State Bar Council and Additional Advocate General, eventually serving as Advocate General for Chhattisgarh from 2007 until his elevation to the bench.
Justice Mishra was appointed as a judge of the Chhattisgarh High Court in December 2009, served as Acting Chief Justice in 2021, and subsequently became Chief Justice of the Andhra Pradesh High Court in October 2021. He is the first judge from Chhattisgarh to be elevated to the Supreme Court.
Landmark Judgments
1. Dying Declaration and Conviction:
Justice Mishra, in a notable Supreme Court judgment, held that a dying declaration cannot be the sole basis for conviction unless it passes strict judicial scrutiny. He outlined 11 factors to assess the weight of a dying declaration, emphasizing the need for corroborative evidence and judicial caution in criminal cases where such statements are pivotal.
2. Refund of Stamp Duty for Unexecuted or Fraudulent Deeds:
In another significant ruling, Justice Mishra clarified the law regarding the refund of stamp duty when a conveyance deed is either not executed or is found to be fraudulent. The judgment provided crucial guidance for litigants and authorities on the conditions and procedures for such refunds, ensuring fairness and legal certainty in property transactions.
3. Judicial Administration and Legal Services:
As Chief Justice of the Andhra Pradesh High Court, Justice Mishra was also the Patron-in-Chief of the State Legal Services Authority, where he played a key role in expanding access to justice and overseeing legal aid initiatives.
Justice Mishra’s jurisprudence is marked by clarity, a strong emphasis on procedural fairness, and safeguarding the rights of litigants. His judgments reflect a balance between legal rigor and compassion, particularly in criminal and property law. He is expected to continue shaping Indian law with his pragmatic and rights-oriented approach during his tenure at the Supreme Court.
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