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Telegram-ΠΊΠ°Π½Π°Π» currentlegalgk - 𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

20692

πŸ“²Contact β€”> @CurrentLegalGKBOT πŸ‘¨β€βš–οΈ 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 β€”> @LegalQuizzes β³πŸš€Enjoy_Learning

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𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

Rule Of Law: A Foundational Principle Or A Fragile Promise?
https://www.livelaw.in/top-stories/senior-advocate-dama-seshadri-naidu-mk-nambyar-law-lecture-on-rule-of-law-297356

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

Don't burden yourself with loan for foreign LL.M: CJI BR Gavai to law graduates

The Chief Justice raised concerns over emotional burnout in legal practice and the growing tendency among law graduates to seek validation through expensive foreign degrees.

https://www.barandbench.com/news/dont-burden-yourself-with-loan-for-foreign-llm-cji-br-gavai-to-law-graduates

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

#Quote@CurrentLegalGK

Chief Justice Hughes Prophets' with Honor by Alan Earth 1974 Ed. p. 3-6, Judges are not there simply to decide cases, but to decide them as they think they should be decided, and while if may be regrettable that they cannot always agree, it is better that their independence should be maintained and recognized than that unanimity should be secured through its sacrifice, A dissent in a court of last resort to use ins words, is an appeal to the brooding spirit of the law. to the intelligence of a future day, when a later decision may possibly correct the error into which the dissenting judge believes the court to have been betrayed.

~H.R. KHANNA
(ADM Jabalpur v. Shivkant Shukla,
1976)

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

Gulshan Babbar Advocate v. GNCTD, 2025

Petitioner filed a writ petition for court monitored investigation (usually by regular filing of status reports to the court by intimating the court of completion rate of investigation)

The petitioner relied on A.R. Antulay v. R.S. Nayak, 1984 wherein it was held that anyone can set the criminal law into motion

The Hon'ble Del HC dismissed the writ petition and states that the judgment relied is on criminal law and cannot be applied on writ Jurisdiction and if there is no jurisdiction then only PIL can be filed and as per 2010 Delhi High court PIL rules the writ doesn't fall within the ambits of these said rules.

Also Jasbhai Motibhai Desai v. Roshan Kumar, Haji Bashir Ahmed (1976), wherein the Supreme Court laid down that a person invoking the writ jurisdiction under Article 226 must ordinarily have a personal or individual right in the subject matter. (General Rule)

#COI@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

Voice Of Voiceless And Soul Of Rights – Dr. B.R. Ambedkar
https://www.livelaw.in/lawschool/articles/voicevoiceless-soul-rights-dr-br-ambedkar-296976

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

CONTD....

but this court is not voting in favour and also the exceptional circumstances of punishment on vital parts of body or sadistic tendencies by teachers can be dealt by as per law. (Eg. BNS offences and even the malafide or disproportionate punishment under section 75 JJ Act)

#JJ@CurrentLegalGK
#Mybrief@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

Partition Rights Of Children From Second Wife Under Hindu Law
https://www.livelaw.in/know-the-law/partition-rights-children-second-wife-hindu-law-296973

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

With S. 111 Of BNS Covering 'Organised Crime', Hasn't Gangsters Act Become Redundant? Allahabad HC Asks UP Govt
https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-up-govt-section-111-bnss-organised-crime-gangsters-redundant-297116

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

Corporal Punishment By Teachers Not Crime Unless Penal Law Provides But Extreme/Sadistic Actions Can Constitute Offence: Kerala High Court
https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-ruling-teachers-not-guilty-for-punishing-students-under-bns-jj-act-296933

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

SC's AR Antulay Judgment On Locus Standi To Initiate Criminal Complaints Doesn't Apply To Writ Petitions: Delhi High Court
https://www.livelaw.in/high-court/delhi-high-court/scs-ar-antulay-judgment-on-locus-standi-to-initiate-criminal-complaints-doesnt-apply-to-writ-petitions-delhi-high-court-296911

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

Apex Court's Judgements Apply Retrospectively Unless Expressly Stated: Punjab & Haryana High Court
https://www.livelaw.in/high-court/punjab-and-haryana-high-court/punjab-haryana-high-court-judgement-every-judgement-applies-retrospectively-unless-specified-297030

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

Emergency@50: How Supreme Court Abdicated Its Duty To Protect Liberty
https://www.livelaw.in/articles/1975-emergency-and-role-of-supreme-court-critical-analysis-296975

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

"In Re : Summoning Advocates Who Give Legal Opinion or Represent Parties During Investigation of Cases and Related Issues"

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

πŸ πŸ“πŸ’° LAW ON GPA SALES

SURAJ LAMPS &
INDUSTRIES PVT. LTD.
VS.
STATE OF HARYANA
2011

{Landmark judgment on GPA sales}

The Supreme Court held that SA/GPA/WILL transfers were not legally valid and only registered conveyance deed can tranfer the title. Nothing prevents affected parties from getting registered Deeds of Conveyance to complete their title. The said SA/GPA/WILL transactions may also be used to obtain specific performance or to defend possession under Section 53A of TP Act.


SHAKEEL AHMED
v.
SYED AKHLAQ HUSSAIN
2023
{Retrospective effect to suraj lampsβœ“}

The argument advanced on behalf of the respondent that the judgment in Suraj Lamps & Industries (supra) would be prospective is also misplaced. The requirement of compulsory registration and effect on non-registration emanates from the statutes, in particular the Registration Act and the Transfer of Property Act. The ratio in Suraj Lamps & Industries (supra) only approves the provisions in the two
enactments. Earlier judgments of this Court have taken the same view.


RAMESH CHAND
VS
SURESH CHAND
2012

{GPA sales can give better entitlement to possession}

Being the power of attorney and the Will dated 16.5.1996, the respondent No.1/plaintiff would though not be the classical owner of the suit property as would an owner be under a duly registered sale deed, but surely he would have better rights/entitlement of possession of the suit property.....
..... A right to possession of an immovable property arises not only from a complete ownership right in the property but having a better title or a better entitlement/right to the
possession of the property than qua the person who is in actual physical possession thereof

#TPA@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

This practice of levying cost on wrong AI usage and hampering process of justice will be considered in India as well. (soon)

@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

Please CJI and SC judges Don't tell this to students but to NLUs and High tier Private universities, where you visit for seminars etc, which hires faculties by seeing foreign tags.

@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

Inheritance Under Enemy Property Act, Back To Surface With Saif Ali Khan's Case
https://www.livelaw.in/articles/inheritance-under-enemy-property-act-back-to-surface-with-saif-ali-khans-case-294745

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

In the immediate aftermath of the Emergency proclamation on 25–26 June 1975, the executive detained thousands under an assortment of laws β€” Section 151 of the Code of Criminal Procedure (CrPC), Maintenance of Internal Security Act (MISA), Conservation of Foreign Exchange and Prevention of Smuggling Activities Act ('COFEPOSA'), and others. Yet, an analysis of the Court's docket in liberty-related matters β€” preventive detention, bail, parole β€” reveals an inexplicable decline.

@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

UPENDRA NATH DLAI v. UoI, 2025 (DHC)

Facts: PIL to abolish seeking abolition of Section 147 (waging war against State), Section 158 (harbouring prisoners), Section 189 (unlawful assembly) and Section 197 (promoting enmity), which fall under Chapter VII and XI of BNS.

On the grounds of violation of 14,19,21.

Held: PIL dismissed.

Ratio: β€œAbolition is only permissible by enacting the amendment act. Its an act of the Parliament. We cannot direct the Parliament to do so, it will amount to legislating. It is not under our realm,” the Court remarked.

#BNS@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

The Section 138 NI Act Jinx : Critique Of 'Celestium' Judgment Allowing Complainants To File Appeal Under S.372 CrPC
https://www.livelaw.in/articles/supreme-court-judgment-celestium-financial-vs-gnanasekaran-critical-analysis-297183

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

πŸ‘¨β€πŸ«πŸ€• CORPORAL PUNISHMENT BY TEACHER AN OFFENCE?


XXX v. State of Kerala
2025 (ker HC)


Issue for determination:
Whether caning of students by teacher or inflicting corporal punishment by teachers amounts to an "offence"?

Domestic Law on Point:
Section 2(24) defines corporal punishment as subjecting child to physical punishment involving deliberate infliction of pain for retrobution of an offence for the purpose of disciplining or reforming the child.

Section 82 defines the offence as any person in-charge or employed in child care institution subjecting child to corporal punishment shall be liable on first conviction with upto 10k fine and subsequent punishment of 3 months imprisonment or fine or with both.

Section 2(21) defines child care institutions as children home, open shelter, observation home...
...for providing care and protection to children,
who are in need of such services. (Schools are not mentioned)

The Hon'ble HC held that exclusion of teachers is a concious omission from JJ 2015. Convention on right of child 1989 (CRC) initiated enactment of a law as per article 253 by repealing earlier statute (2000) and enacting 2015 law to align domestic law with international treaty.

Nullum Crime Sine Lege
Criminal statutes are liable to be interpreted strictly and that an accused can be convicted only if his act clearly falls within the offence as defined by law.

Article 21 of constitution also proscribes punishment for person except by procedure established by law.

A.K. GOPALAN v. STATE OF MADRAS, 1950 however
morally wrong the objectionable conduct be, the same will not constitute an offence, unless it is expressly declared so by the statute

Conclusion
Conduct of a teacher caning a student, within reasonable and justifiable limits, so as to inflict
minimal punishment for the purpose of disciplining and reforming a child, 'cannot' constitute an offence under Section 82 of the J.J. Act

Enforceability of Article 28 and 37 of CRC, 1989 in India?

By relying on various landmark precedents held that India is a party to the convention but International Treaties, by its own force, are not enforceable in India, when the provisions of such treaties/conventions is in conflict with the municipal/domestic law or when it affects the rights of citizens. (Treaties bind the Union, but would not by its own force, bind the
Indian nationals
) [the conflcit b/w exclusion of teachers in JJ and Art. 28 and 37 CRC]

Section 75 Of JJ Act Attracted?
Whoever assaults, abandons, abuses, exposes or wilfully neglects the child in amanner likely to cause unnecessary mental or physical suffering to the child shall be punished with 3 years or 1 lakh or with both.

Assault as per S. 130 of BNS is gesture making apprehension that he is about to use criminal force.

Abuse of serious gravity are punished in 76 and 77 therefore less serious is dealt in 75 and also it is doubtful that corporal is punished in 75 or not and when there are 2 interpretations possible then 1 which favours accused is preferred. (Tolaram
Relumal and Another v. State of Bombay 1954
)

It is a trite law that every word used in a statute has a definitive purpose so the phrase "in a manner likely to cause unnecessary physical mental suffering" assumes significance.

Appraisal of facts for section 75
Teacher inflicting punishment for poor performance, then the conduct cannot be considered unnecessary Unless punishment by teacher is disproportionate or malafide.

SO CAN WE CONCLUDE CORPORAL PUNISHMENT IS ALLOWED BY TEACHERS?

Section 17 of 2009 Free education Act states that no child shall be subject to physical or mental harrasment and whoever contravenes this provision shall be subject to disciplinary action under the service rules applicable.

Teacher is disentitled to
inflict corporal punishment on a child. Nevertheless
, in order to constitute an offence out of the conduct of inflicting corporal punishment, the same should have been expressly declared as an offence in the penal statute concerned... TO BE CONTD.

#JJ@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

β€œΒ This Court finds that the provision of Section 111 B.N.S., is regarding punishment for committing the offence of organized crime like the provisions of the U.P. Gangsters Act, and therefore, with incorporation of Section 111 B.N.S., it appears that provisions of U.P. Gangsters Act have become redundant. We further find that the provisions of Gangsters Act have been invoked against the petitioner with regard to commission of the offences under the Penal Code which have now been substituted by B.N.S,” the bench remarked.

What do you think?
A later general law can prevail over earlier special law?

@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

HAPPY GURU PURNIMA πŸ™πŸŒ…

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

Delhi High Court Rejects PIL To Abolish Offences Of 'Waging War', 'Unlawful Assembly' From BNS 2023
https://www.livelaw.in/high-court/delhi-high-court/bns-2023-pil-against-waging-war-unlawful-assembly-offences-dismissed-297023

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

In an order by P&H HC in
Raj Kumar v. Rajender, 2025
wherein the hon'ble HC states that the judgment of supreme court applies retrospectively unless stated otherwise (doctrine of prospective overruling which can only be used by SC)

Why retrospective? the answer can be found in the role of Judiciary.
"The judicial function, therefore, is inherently one of discovery, not of creation; the judge acts not as a legislator proprio motu, but as an expositor, meticulously unearthing the latent meaning of the law. The court's declaration is thus a recognition of an enduring truth, not the genesis of a novel legal reality,"Β 

Relied on Assistant Commissioner, Income Tax, Rajkot ck Exchange Limited: 2008
β€œ[T]he theory of case law is that a merely declares it; and the overruling of a previous decision is a declaration that the supposed rule never was law. Hence any intermediate transactions made on the strength of the supposed rule are governed by the law establish decision. The overruling is retrospective, except as regards matters that are res judicatae or accounts that have been settled in the meantime.”

In the present case an appeal has been argued that the following judgment of hon'ble supreme court will not apply as the faxual matrix pertains to a period anterior to the pronouncement of the following verdict which reads as follows.
M/s Celestium Financial
vs.
A. Gnanasekaran,
2025


The Supreme Court has held that a complainant in a cheque dishonour case for the offence under Section 138 of the Negotiable Instruments Act, 1881, is a "victim" within the meaning of Section 2(wa) of the Code of Criminal Procedure [Section 2(y) of Bharatiya Nagarik Suraksha Sanhita], who can file an appeal against acquittal under the proviso to Section 372 of the CrPC [Section 413 of the BNSS].


You know that is why the term 'law Declared' is used in Article 141 and not 'law made' by the supreme court which is binding on all courts.

#NIA@CurrentLegalGK
#COI@CurrentLegalGK
#BNSS@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

Mechanics and Implications of Forfeiture of Bail Bonds in Criminal Justice
https://www.livelaw.in/articles/mechanics-implications-forfeiture-bail-bonds-criminal-justice-296957

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

ANDHRA PRADESH HC CIRCULAR

Therefore, all the Judicial Magistrates are hereby instructed to satisfy
themselves before ordering remand, particularly in cases relating to social media postings/comments that the Investigating Officer complied with the law laid down in `Arnesh Kumar' and 'Imran Pratap Gadhi' cases that the accused had committed repeated and multiple offences, that the accused, if not ordered to be remanded to judicial custody, may influence the witnesses or tamper evidence that the police require custodial investigation.

@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

Supreme Court Initiates Suo Motu Case Over Investigative Agencies Summoning Advocates For Legal Advice To Accused
https://www.livelaw.in/top-stories/supreme-court-initiates-suo-motu-case-over-investigative-agencies-summoning-advocates-for-legal-advice-to-accused-296912

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

Concept Of GPA Sale Based On Recent Supreme Court Decisions
https://www.livelaw.in/articles/concept-gpa-sale-based-recent-supreme-court-decisions-296882

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

Denver judge fines MyPillow CEO Mike Lindell’s lawyers over AI-generated fake citations: β€˜This court derives no joy…’ | Today News
https://www.livemint.com/news/us-news/denver-judge-fines-mypillow-ceo-mike-lindell-s-lawyers-over-ai-generated-fake-citations-this-court-derives-no-joy-11751979705886.html

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…
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