📲Contact —> @CurrentLegalGKBOT 👨⚖️ Setting Precedents: Relevancy and Reinvigoration. You will get awesome legal issues answered, occasional tips on skills, case briefs, and latest laws explained. 🧠For Daily Quiz —> @LegalQuizzes ⏳🚀Enjoy_Learning
BREAKING| Supreme Court To Deliver Judgment Tomorrow On Practice Requirement For Judicial Service Entry
https://www.livelaw.in/top-stories/supreme-court-to-deliver-judgment-tomorrow-on-practice-requirement-for-judicial-service-entry-292702
👶🗣️ 4 Principles for Child Witness Testimony
👨⚖️ Case:
State of M.P.
v.
Ramesh
[2011]
1. The evidence of child must reveal that he is able to discern b/w Right & Wrong either by cross examination of defence, by putting questions (165) or by the testimony itself.
2. In case the child explains the relevant events of the crime without improvements or embellishments, and the same inspire confidence of the court, his deposition does not require any corroboration whatsoever.
3. If the tutored part can be separated from the untutored part of testimony and the latter inspires confidence then it can be believed or considered for corroboration as in hostile witness cases.
4. Whether tutored or not can be ascertained from deposition of child.
Only in case there is evidence on record to show that a child has been tutored, the court can reject his statement partly or fully and look for corroboration.
Child testimony is at par with other witnesses if the child is competent to testify, more care must be taken whilst taking testimony as it is susceptible to tutoring.
🌟 Child In Conflict With Law Through His Mother v. State Of Karnataka & Anr, 2024
The Court noted that neither any time has been fixed for filing the appeal nor any provision is provided for condonation of delay in case where the appeal is sought to be preferred under Section 101(2) of the JJ Act against the JJB's preliminary assessment order passed under Section 15(1). The bench comprising Justices C.T. Ravikumar and Rajesh Bindal sought to fill up the gap by prescribing 30 days' time limit which otherwise does not go against the scheme of the Act.
“In our opinion, the same being an omission. In order to make the Act workable and putting timelines for exercise of statutory right of appeal which always is there, we deem it appropriate to fill up this gap, which otherwise does not go against the scheme of the Act.
----
“As in the process of preliminary inquiry there is involvement of many persons, namely, the investigating officer, the experts whose opinion is to be obtained, and thereafter the proceedings before the Board, where for different reasons any of the party may be able to delay the proceedings, in our opinion the time so provided in Section 14(3) cannot be held to be mandatory, as no consequences of failure have been provided as is there in case of enquiry into petty offences in terms of Section 14(4) of the Act
🌟 Latin Maxims which are used interpretation-
1 UT res mages valeat quam pareat
2. Casus Omissus
@CurrentLegalGK
Can Courts Admit Evidence Which Has Been Obtained Illegally Or Improperly?
https://www.livelaw.in/know-the-law/illegally-obtained-evidence-admissibility-143609
Translate the following passage into English (31st Bihar)
"पुस्तकालय में जाते समय उसके नियमों की जानकारी प्राप्त करनी चाहिए। वहाँ जाकर वही पुस्तकें पढ़नी चाहिए जिनकी आपको जरूरत हो। पुस्तकालय में ऐसी अनेक पुस्तकें होती हैं। यदि विद्यार्थी पुस्तकालय में केवल किसी-कहानियों की किताबें पढ़कर अपना समय बर्बाद करने के लिए जाते हों, तो सदुपयोग करना चाहिए तथा पुस्तकालय में बैठकर शांत वातावरण में एकाग्रचित होकर अध्ययन करना चाहिए। पुस्तकालय में बैठकर पुस्तकें पढ़ते समय बिल्कुल शांत रहना चाहिए। पुस्तकालय की पुस्तकों पर पेंसिल या पेन से निशान लगाना, उनके चित्रों आदि को फाड़ना या गंदा करना ठीक नहीं है। वहाँ बैठकर हमें औरों का भी ध्यान रखना चाहिए। हमें कोई ऐसा आचरण नहीं करना चाहिए जिससे दूसरों को असुविधा हो। पुस्तकालय किसी एक व्यक्ति के लिए नहीं है इसलिए वहाँ संग्रहीत पुस्तकें सामाजिक संपत्ति होती हैं अतः हमें पुस्तकालय की पुस्तकों को उसी दृष्टि से देखना चाहिए।"
#Translation@CurrentLegalGK
If you want this more frequently you can comment 👇
Читать полностью…#HINDI@CurrentLegalGK
Читать полностью…"I Don't Give Interviews Because Judges Should Act, Not Make Promises”: CJI BR Gavai Speaks At BCI Felicitation Ceremony
https://www.livelaw.in/supreme-court/i-dont-give-interviews-because-judges-should-act-not-make-promises-cji-br-gavai-speaks-at-bci-felicitation-ceremony-292542
Appellate Court Cannot Direct Enhancement Of Sentence In Convict's Appeal : Supreme Court
https://www.livelaw.in/supreme-court/appellate-court-cannot-direct-enhancement-of-sentence-in-convicts-appeal-supreme-court-292535
Can Supreme Court's Judgment Be Altered In Presidential Reference? Article 143 & Advisory Jurisdiction Explained
https://www.livelaw.in/top-stories/can-supreme-courts-judgment-be-altered-in-presidential-reference-article-143-advisory-jurisdiction-explained-292499
🚪👋Recusal Of Judges In India
"Independence and impartiality are the twin pillars without which justice cannot stand, and the purpose of recusal is to underpin them”
😯Why Recusal Of Judges❓
• Conflict of Interest.
• Nemo Judex In Causa Sua.
• Natural Justice
• Due Process of Law.
🙄What Does Recusal Mean❓❓
A judge can withdraw from hearing a case to prevent creating a perception that s/he carried a bias while deciding the case.
😇 Relevant Example💯
When an appeal is filed in the Supreme Court against a judgement of a High Court that may have been delivered by the SC judge when she was in the HC or Re-examination of SC judgement by same judge.
📚 Legal Provisions and Case Laws
No Specific Provision but there are S.C. rulings.
1. Ranjit Thakur v UOI (1987)
Test of Reasonable Apprehension in the mind of the party.
“The proper approach for the Judge is not to look at his own mind and ask himself, “Am I biased❓” but to look at the mind of the party before him,”
2. On 1997 S.C. adopted a Charter called the Restatement of Values of Judicial Life to serve as a guide to be observed by Judges, essential for independent, strong and respected judiciary, indispensable in the impartial administration of justice.
🚦Lacunas in the Recusal of Judges
⚡No codified rules which makes delay in proceedings.
⚡Judge is the Sole person to decide for himself and no other person but there should be 3rd party it can be the CJI/CJ/DJ or that court who refer the case to benches.
⚡It is Assumed that Judges are Unbiased due to the Oath given during Appointment.
⚡Lack of transparency; No reasoning is given when recuses.
Conclusion - This concept removes the doubts and brings confidence in Judiciary to the parties who are fighting for their life & liberty
#Impartial_Judiciary #Independent_Judiciary
#Recusal_of_cases
#Article_14 #Article_21
@CurrentLegalGK
New vacancy 🥳
LAW + MBA = COURT MANAGERS.
@CurrentLegalGK
#Question@CurrentLegalGK
Whether the opinion in Article 143 given by SC to president, a binding precedent?
Answer: Ahmedabad St. Xavier’s College Society v. State of Gujarat, (1974) 1 SCC 717 held that a report which may be made to the President in a reference under Article 143 is not binding on the Supreme Court in any subsequent matter wherein, in a concrete case the infringement of the rights under any analogous provision may be called in question, though it is entitled to great weight.
Modification allowed: /channel/CurrentLegalGK/5862
https://www.casemine.com/judgement/in/5609ac69e4b014971140ecaf?utm_source=chatgpt.com
Para no. 85
1. President can refer only undecided law questions
2. Review or appellate jurisdiction is not indirectly given via 143 to SC.
3. Both Question of law and fact can be asked.
Earlier under 7 years of age a person is not considered competent to give testimony but Uk has evolved almost to the extent of Indian legal system on child witness.
Indian Cases
1. Rameshwar v. State of Rajasthan (1952): The landmark judgment held that child testimony, much scrutinized, does not require compulsory corroboration in the absence of grounds for suspecting tutoring or fabrication.
2. Dattu Ramrao Sakhare v. State of Maharashtra (1997): The Supreme Court once again reiterated that when a child witness appears to be truthful and consistent, the said testimony could alone furnish the basis for conviction.
The core of Child witness testimony is that the judge must see it is not tutored or there is not undue influence or any other external influence or pressure.
If the testimony is found reliable there is no need of corroboration and it can become the sole basis of conviction.
In India section 118 and 119 (competency) of BSA and POCSO (provisions relating to safe environment, reduce trauma etc) delas with child witness testimony.
In a nutshell child is a as competent as and adult sound person and the testimony cannot be rejected on the grounds of AGE.
@CurrentLegalGK
👨⚖️ State of Madhya Pradesh v. balveer Singh,
2025
✓ Evidence of Child Witness and Test for parsing Tutored Testimony.
✓ Principles of Law relating to appreciation of Circumstantial Evidence.
a. Incriminating Circumstances emerging from the evidence on record.
iii. Principles of Law governing the Applicability of Section 106 of the Evidence Act
iv. What is “prima facie case” (foundational facts) in the context of Section 106
of the Evidence Act?
Important for POCSO foundational facts
@CurrentLegalGK
All Trademark Disputes Aren't Outside Arbitration; In Pesonam Issues Relating To License Agreement Arbitrable : Supreme Court
https://www.livelaw.in/supreme-court/all-trademark-disputes-arent-outside-arbitration-in-pesonam-issues-relating-to-license-agreement-arbitrable-supreme-court-292677
From Tort To Trial: Medical Negligence, Consumer Protection, And Rise Of Defensive Medicine
https://www.livelaw.in/articles/law-on-medical-negligence-in-india-critical-analysis-292573
Translate the following passage into English (31st Bihar)
समय के सदुपयोग में ही जीवन की सफलता का रहस्य निहित है जो व्यक्ति समय का चक्र पहचान कर उचित ढंग से कार्य करे तो उसकी उन्नति में चार चांद लग सकता है। कहते हैं आदमी के जीवन में एक क्षण या समय अवश्य आया करता है कि व्यक्ति उसे पहचान परख कर उस समय कार्य आरंभ करें तो कोई कारण नहीं कि उसे सफलता न मिल पाए। समय का सदुपयोग करने का अधिकार सभी को समान रूप से मिला है। किसी का इस पर एकाधिकार नहीं है। संसार में जितने महापुरुष हुए हैं वे सभी समय के सदुपयोग करने के कारण ही उस मुकाम पर पहुंच सके हैं। काम को समय पर संपन्न करना ही सफलता का रहस्य है।
#Translation@CurrentLegalGK
It is good to see that there are student who are still consistent.
But the numbers have decreased drastically.
Competition 📉😉
90 Days challenge: /channel/CurrentLegalGK/5419
"I am somewhat shy not otherwise because I like to mix in people I like to meet people sometimes I am also told by some that as a Supreme Court judge who is in a line to become a CJI, it's not good to mix so much in people but I don't believe in that theory of isolation unless you know who is in the society, you will not be aware about the problems, of the society, and today's judge he can't decide the matters only in black and white totally ignorin, the ground reality in the society.
This statement will help many.
@CurrentLegalGK
Held: The Supreme Court recently held that, in an appeal against conviction, an Appellate Court cannot invoke its powers to enhance the sentence when neither the state, the victim, nor the complainant has filed an appeal or revision seeking such enhancement.
Sachin v. State of Maharashtra, 2025
2G case held that modification of Ratio Decidendi allowed in Presidential reference.
“It is demonstrable that while entertaining the reference under Article 143(1), this Court had analysed the principles enunciated in the earlier judgment and also made certain modifications. The said modifications may be stated as one of the modes or methods of inclusion by way of modification without changing the ratio decidendi. For the purpose of validity of a reference, suffice it to say, dwelling upon an earlier judgment is permissible.”
Consequently, we reject the preliminary objection and hold that this Reference is maintainable, notwithstanding its effect on the ratio of the 2G Case, as long as the decision in that case qua lis inter partes is left unaffected.”
more: /channel/CurrentLegalGK/5852
Do you think if a party believes a judge must recuse and judge doesn't the party can approach the master of the roaster of courts?
@CurrentLegalGK
Recusal A Matter Of Judges' Discretion, Article 142 Cannot Be Used To Frame Guidelines On Judicial Recusal: Supreme Court
https://www.livelaw.in/top-stories/supreme-court-dismissed-plea-guidelines-for-recusal-of-judges-292466
Constitutionality of Aadhaar Act: Judgment Summary - Supreme Court Observer
https://www.scobserver.in/reports/constitutionality-of-aadhaar-justice-k-s-puttaswamy-union-of-india-judgment-in-plain-english/
Only unanswered presidential reference (para 5)
law laid down: In 143 there cannot SC cannot struck down a law.
@CurrentLegalGK
Government knew that review would be dismissed but presidential reference is bound to be answered.
Very Important judgment for upcoming cases.
My answer to Ms. President is that.
SC has not read the timeline in constitution but the timeline is for proper exercise and guidance of judicial review.
Read the conclusions of judgment everything is clearly mentioned there.
4. Article 361 bars judicial review of actions of governor?
Views: Eager to know but still can guess the answer, it is no, judicial review is possible it has become a trite principle of law but how 361 is justified would want to know may be personal capacity etc.
9. Is it permissible for the Courts to undertake judicial adjudication over the contents of a Bill, in any manner, before it becomes law? (partly mentioned) also asked by me and was answered also
/channel/CurrentLegalGK/5502
12. In view of the proviso to Article 145(3) of the Constitution of India, is it not mandatory for any bench of this Hon'ble Court to first decide as to whether the question involved in the proceedings before it is of such a nature which involves substantial questions of law as to the interpretation of constitution and to refer it to a bench of minimum five Judges?
Discussion: /channel/LegalQuizzes/478474
13. Do the powers of the Supreme Court under Article 142 of the Constitution of India limited to matters of procedural law or Article 142 of the Constitution of India extends to issuingdirections /passing orders which are contrary to or inconsistent with existing substantive or procedural provisions of the Constitution or law in force?
Answer: Statutory limitations are absent in constitutional powers that too of inherent nature to do complete justice under Article 142. (irretrievable breakdown of marriage, going beyond limitation law etc..)
14. Does the Constitution bar any other jurisdiction of the Supreme Court to resolve disputes between the Union Government and the State Governments except by way of a suit under Article 131 of the Constitution of India?
Answer: /channel/CurrentLegalGK/3395