๐ฒ Contact โ @CurrentLegalGKBOT ๐จโโ๏ธ Law vs. Logic: Lessons from Experience. Get clear answers to legal issues, skill-building tips, case briefs, and simplified explanations of the latest enactments. ๐ง Daily Quiz โ @LegalQuizzes โณ๐ Enjoy Learning!
UCC UK v. GOA
Difference between uniform civil code of uttarakhand and goa.
These UCCs are really really big statute like current Income Tax Act.
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Emblems and Names (Prevention of Improper Use) Act, 1950.
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เคฐเคพเคทเฅเคเฅเคฐเคชเคคเคฟ เคชเคฆ เคเคพ เคธเคเคฆเคฐเฅเคญ-เคฌเฅเคเคพเคฐ เคเฅ เคฌเคพเคคเฅเค
https://hindi.livelaw.in/category/columns/presidential-reference-much-ado-about-nothing-294068
#Hindi@CurrentLegalGK
International Day for sex workers is celebrated for regulation and protection of sex workers Rights
2nd June 1975
UNDERSTANDING DEFAMATION LAWS IN INDIA
Thompson Reuters.
Simple QnA explanation to criminal and vivil defamation.
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1. When a Fact is Said to be Proved?
โLaw does not require that a fact requires to be proved on absolute terms bereft of all doubts.ย What law contemplates is that for a fact to be considered proven, it must eliminate any reasonable doubt. Reasonable doubt does not mean any trivial, fanciful or imaginary doubt, but doubt based on reason and common sense growing out of the evidence in the case.ย A fact is considered proved if the court, after reviewing the evidence, either believes it exists or deems its existence probable enough that a prudent person would act on the assumption that it exists.โ,
2. Motive must in a case based on Circumstantial evidence?
โThe law is now well-settled that while proof of motive certainly strengthens the prosecution case based on circumstantial evidence, failure to prove the same cannot be fatal.โ, the court said, referring toย
G. Parshwanath vs. State of Karnataka 2010
3. Silence Of Accused Towards Recovery Of Incriminating Evidence Strengthens Prosecution's Case (adverse inference when accused is silence and offers no explanation on recovery of weapon from him but still the burden is on prosecution and prisecution cannot rely on false defence plea)
4. Why motive is difficult to prove and how to prove it?
As Motive remains hidden in the deep recess of the mind of the person concerned and in the absence of any open declaration by the person concerned himself, the motive has to be inferred from the activities and conduct of the person.โ
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CURRENT REGULATIONS FOR AI IN LEGAL SECTOR
๐ฌ๐ง Cautious permission, like in the UK, where the Solicitors Regulation Authority has allowed AI-assisted advice but with disclosure obligations.
๐ฉ๐ช Outright restrictions, like in Germany, where AI-generated legal documents must be vetted by a licensed attorney.
๐บ๐ฒ Open experimentation, as in parts of the US, where AI has already been used in bail hearings and administrative courts, though not without backlash.
๐ฎ๐ณ India has so far taken a regulatory sandbox approach, no formal prohibitions, but no specific permissions either. The NITI Aayog's 2021 discussion paper on Responsible AI calls for "sectoral co-regulation", which would include bar councils, judiciary, and private platforms working together to set norms. But no such initiative has yet materialised for legal AI.
๐ค There must be a regulation by bar council of India as well as High courts for judges for professional misconduct related to AI in precedent citing or use of extreme AI on evidence tampering etc.
โก AI can be helpful in Case management- transparency between client and advocate, access to legal aid 39A, transcription/translation accuracy (current system has 38% accuracy), better precedent finding analysis without errors if integrated with softwares like SCC Manupatra etc.. and Summarising long documents to avoid document dumping strategy, save time thereby cost and can aid in preserving Article 21 (Hussainara Khatoon v. Bihar, 1979)
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Sheikh Hasina charged with crimes against humanity: The court in question, what she is accused of ๐
#1971_bangladesh_war #explained_global #express_explained #sheikh_hasina
A Legal Cheshire Cat Named 'Honorable Acquittal'
https://www.livelaw.in/articles/a-legal-cheshire-cat-named-honorable-acquittal-293887
๐ฌ๏ธ๐ฌ Check your lungs health in one minute
:
31st May, On Anti Tobacco Day, know why Jahangir had banned smoking, more deaths due to passive smoking than murders
https://dainik.bhaskar.com/XuWUhqEZMTb
K. Ramakrishnan v. State of Kerala
1999
~Justice K. Narayana Kurup
Smoking in any form in Public violates Article 21
POCSO 10 years Report.
Page 50 onwards landmark judgments on POCSO which must be read anyhow.
MP HIGH COURT 2024 LANDMARK JUDGMENTS
Joti Journal
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Laws governing services of Judicial Officers and Protection to judges.
Summary: https://ijtr.nic.in/webjournal/11.htm
#BeingJudge@CurrentLegalGK
Failure To Prove Motive Not Fatal To Prosecution Case Based On Circumstantial Evidence : Supreme Court
https://www.livelaw.in/supreme-court/failure-to-prove-motive-not-fatal-to-prosecution-case-based-on-circumstantial-evidence-supreme-court-293945
POSH Act : States/UTs File Affidavits In Supreme Court Regarding Compliance With Directions To Form LCC, District Officers Etc
https://www.livelaw.in/supreme-court/posh-act-statesuts-file-affidavits-in-supreme-court-regarding-compliance-with-directions-293951
Emblems and Names (Prevention of Improper Use) Act, 1950.
ARTICLE 51A (a)
It shall be the duty of every citizen of Indiaโ
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
Flag Code rules 2002.
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โ Settled case law on Article 12 state or other authorities
Pradeep Kumar Biswas v. Indian Institute of Chemical Biology 2002
โ INDIA v. UK - "writ Jurisdiction"
Scope of issuing a writ, order, or direction under Article 226 of the Constitution of India is much broader than the high prerogative writs issued by the British Courts and this position has been recognised by this Court in the case of Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust and Ors. v. V.R. Rudani & Ors. and following the said decision, Courts in India have consistently issued writs even to private persons performing public duties and this position has further been reiterated by the recent judgment of this Court in the case of Kaushal Kishor vs. State of Uttar Pradesh 2023
In Andi Mukta v. VR Rudani 1989 (supra) The law relating to mandamus has made the most spectacular advance. It may be recalled that the remedy by prerogative writs in England started with very limited scope and suffered from many procedural disadvantages. To overcome the difficulties, Lord Gardiner (the Lord Chancellor) in pursuance of Section 3(1)(e) of the Law Commission Act, 1965, requested the Law Commission โto review the existing remedies for the judicial control of administrative acts and omissions with a view to evolving a simpler and more effective procedureโ. The Law Commission made their report in March 1976 (Law Commission Report No. 73). It was implemented by Rules of Court (Order 53) in 1977 and given statutory force in 1981 by Section 31 of the Supreme Court Act, 1981. It combined all the former remedies into one proceeding called Judicial Review.
In UK, however, the prerogative writ of mandamus is confined only to public authorities to compel performance of public duty. The โpublic authorityโ for them means everybody which is created by statute โ and whose powers and duties are defined by statute. So government departments, local authorities, police authorities, and statutory undertakings and corporations, are all โpublic authoritiesโ. But there is no such limitation for our High Courts to issue the writ โin the nature of mandamusโ. Article 226 confers wide powers on the High Courts to issue writs in the nature of prerogative writs. This is a striking departure from the English law. Under Article 226, writs can be issued to โany person or authorityโ. It can be issued โfor the enforcement of any of the fundamental rights and for any other purpose.โ
BUDHADEV KARMASKAR
v.
THE STATE OF WEST BENGAL
2022
Article 142 Order to fill legal lacunae till 2016 recommendations of committee are fulfilled by statutory law.
1. Article 14, 19, 21 available.
2. Equal treatment as other sexual assault victim (if any)
3. Sex work is not illegal but running a brothel is illegal.
4. child of sex worker living in brothel should not be presumed to be a child who has been trafficked and separated from her mother, DNA test can be conducted if necessary to identify whether she is mother or not.
5. Media must not disclose identity of sex workers during arrest or raid and voyerism of offence must be used if necessary.
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๐ Fundamental or legal rights of Sex Workers in India.
โ Important for essay and basic legal awareness
๐ง Synopsis of the Article
โ Why and What of Sex Workers
โ History & Evolution of Sex workers
โ Legal Position of Sex workers clarified
โ International Position
โ Violation of Rights of Sex workers
โ Case laws
โ Recent Updates and Conclusion.
๐ Meaning of Sex Workers
โProstitutionโ means the sexual exploitation or abuse of persons for commercial purpose
[Pimp or Panders are type of agent or abeters]
โข This is from PITA Act however the definition of WHO is simple one who does business in exchange of sexual work, it can be done in many ways and by all gender.
๐ History of Sex workers
โ 2nd Oldest Profession in The World ๐
History of Vedic Age needs much research, do we are starting from devdasi, which is servant of god where women were dedicated to god and they practice arts and spirituality concurrently in a temple (dance
,music ๐ถ)
โข Later on - From devotion to spirituality it was transformed bcz of invasion in early 2nd millennium and to save girls people were sending them to temples whether girls are skilled in arts or not and they performs dances for entertainment.
๐This was exacerbated after Europe invasions mainly britishers where due to poverty these girls have go indulge in these sex workers practices.
๐ Legal Position in India
Althought India is a member of various conventions on rights of human/women and even constitution gives right still India lacks a lot in rpotection of their rights.
Immoral Traffick (Prevention) Act, 1956 is the Main Statute apart from it IPC also talks about it in children's context only. (Mention the provision if you know ๐)
PITA Act prohibits certain actions that facilitate prostitution, These actions include managing a brothel, living off the money earned through prostitution, soliciting or luring a person into prostitution, trafficking children and women for prostitution, etc.
Article 23 prohibits human traficking and forced labour.
๐ International Position
Countries such as Canada, Argentina, Germany, and the Netherlands have taken steps to decriminalise the profession and to regulate it, subjecting it to the same labour rules as any other Normal Profession.
๐ Human Right Violation
According to almost every report whether amnesty international or Ministry of Women report.
All says - Health issues like HIV, legal protection issues due to biased behaviour by police and society, killings and the root causes are Poverty & unemployment, which is also due to many factors + Rape victims are to introduced here sometimes.
๐ Landmark Judgments (Important)
โ
State of Uttar Pradesh Vs. Kaushalya, Supreme Court held that the right of movement of prostitutes may be restricted on ground of Public Health and in the interest of Public Morals.
โ
Kajal and others V. State of Maharashtra 2020
Adult woman has the right to choose her profession.
๐ Recent Judgments and Conclusion
โ
Budhadev Karmaskar v. State of West Bengal 2022
โ Any sex worker who is a victim of sexual assault should be provided with all facilities available to a survivor of sexual assault, including immediate medical assistance, in accordance with Section 357C of the Code of Criminal Procedure
โ Police should treat all sex workers with dignity, they enjoy all rights as other citizens.
โ Press Council of India should be urged to issue appropriate guidelines for the media to take utmost care not to reveal the identities of sex workers, during arrest, raid and rescue operations, whether as victims or accused and not to publish or telecast any photos that would result in disclosure of such identities. Besides, the newly introduced Section 354C, IPC which makes voyeurism a criminal offence, should be strictly enforced against electronic media, in order to prohibit telecasting photos of sex workers with their clients in the garb of capturing the rescue operation.
๐ These guidelines were mainly Issued.
Regulation will AID sex workers.
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#Discernible_Topics
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LEGAL STATUS OF OLFACTORY MARKS UNDER THE TRADEMARK LAW REGIME
https://www.livelaw.in/articles/beyond-the-smell-prototype-or-facsimile-a-call-for-legal-resort-294040
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I HOPE EVERY CURRENT VACANCY JUDICIARY ASPIRANT IS WORKING HARD DAY AND NIGHT
เคฏเคพเคฆ เคฐเคนเฅ เคเคฟ เคเคช เคฌเคพเคฆ เคฎเฅเค เคชเคเคคเคพเคตเคพ เคจเคพ เคเคฐเฅ
Charge your engine & set the gear on top.
The Supreme Court, inย RBI v. Bhopal Singh Panchalย (1994), observed:ย "Expressions like 'honorable acquittal,' 'acquitted of blame,' and 'fully exonerated' are alien to the Criminal Procedure Code or the Penal Code. They are judicial constructs. Defining 'honorable acquittal' is challenging, but when an accused is acquitted after full consideration of the prosecution's case, and the prosecution fails miserably to prove the charges, it can be said that the accused was honourably acquitted."
This distinction is limited to service law and is not present in criminal jurisprudence but it affects those who are given honorable acquittal due to social stigma and no automatic reinstatement in jobs etc..
Basically people who are acquitted due to benefit of doubt or procedural lapses their image is set in society as rule of wrong trial and those who are honorably acquitted they are seen with that lens and gets that unfair treatment (generalisaion fallacy)
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Mangoโs chemistry and history: what gives it its distinct aroma; its link to the Buddha and Babur ๐
#explained_culture #express_explained #mango #summer_fruits
Kafka Meets Code: A Law And Economic Analysis Of AI In Litigation And Justice Delivery
https://www.livelaw.in/articles/kafka-meets-code-law-economic-analysis-ai-litigation-justice-delivery-293999
Yearly Digest 2024 MP High Court.
ILR journal
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โ๏ธ Landmark Judgments on Juvenile Justice POCSO, MTP, Child Marriage and Child labour.
https://mphc.gov.in/jjc/important-judgments
Santosh Kumar Aggarwal
v.
Orissa High Court, Cuttack
2024
Case related to application of Guidelines for complaints against judicial officer.
Complaint of judicial officer to particular Registrar of concerned High Court or to CPGRAM portal.
#BeingJudge@CurrentLegalGK
No Temporary Injunction Can Be Granted In Appeal Against Rejection Of Plaint : Supreme Court
https://www.livelaw.in/supreme-court/no-temporary-injunction-can-be-granted-in-appeal-against-rejection-of-plaint-supreme-court-293967
what is this LLC?
comment ๐
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The majority opinion authored by Justice DY Chandrachud in Puttaswamy lays down the legitimate interest test whereby to intervene with a person's privacy, the first prong of the test says there must be a law. The requirement of a 'law' is also an explicit condition of Article 21 (from which the right to be forgotten vis-ร -vis privacy emerges) to restrict the right. Without any law in operation, constitutionally, there cannot be any intervention with the right. The second arm of the test states that there must be a legitimate aim or legitimate object if the state wants to enact a law. The state may have particular objectives to intervene with the said right, but such objectives must be legitimate, non-arbitrary, and reasonable. Lastly, the legitimate aim of the state and the means adopted to fulfil those objectives must be proportionate with the right to privacy. The extent of intervention with the right to privacy must not dilute the right from its existence. Unrestricted intervention violates a person's right to be forgotten and the right to be left alone.
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