π²Contact β> @CurrentLegalGKBOT π¨ββοΈ Setting Precedents: Relevancy and Reinvigoration. You will get awesome legal issues answered, occasional tips on skills, case briefs, and latest laws explained. π§ For Daily Quiz β> @LegalQuizzes β³πEnjoy_Learning
Legal principles relating to the interpretation of standard form employment contracts were summarized as follows:
"(i) Standard form employment contracts prima facie evidence unequal bargaining power.
(ii) Whenever the weaker party to such a contract pleads undue influence/coercion or alleges that the contract or any term thereof is opposed to public policy, the Court shall examine such plea keeping in mind the unequal status of the parties and the context in which the contractual obligations were created.
π (iii) The onus to prove that a restrictive covenant in an employment contract is not in restraint of lawful employment or is not opposed to public policy, is on the covenantee i.e. the employer and not on the employee
The Court cautioned against oppressive or unconscionable clauses, particularly in standard-form contracts where employees may have little bargaining power. This ruling aligns with precedents likeΒ Niranjan Shankar Golikari v. Century Spinning Co. 1967 SCC OnLine SC 72, which upheld reasonable restrictions during employment but struck down post-termination bans.
A fruitful reference was also made to the case ofΒ Superintendence Company (P) Ltd. v. Krishan Murgai, (1981) 2 SCC 246, where the court, upheld the validity of restrictive covenants during the subsistence of a contract.
βIn view of these authoritative pronouncements, it can be safely concluded law is well settled that a restrictive covenant operating during the subsistence of an employment contract does not put a clog on the freedom of a contracting party to trade or employment.β
Reverse burden of proof.
Section 27
#ICA@CurrentLegalGK
'Exam Question on Ayodhya Judgment does not hurt religious sentiments': Rajasthan High Court upholds academic freedom
https://scctimes.com/1498yIBy
Very Important for students who sit for long hours of study.
@CurrentLegalGK
Know The Law | Whether Employment Bonds Are Legally Enforceable In India? Supreme Court Explains
https://www.livelaw.in/supreme-court/know-the-law-whether-employment-bonds-are-legally-enforceable-in-india-supreme-court-explains-297276
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
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
#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)
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
Voice Of Voiceless And Soul Of Rights β Dr. B.R. Ambedkar
https://www.livelaw.in/lawschool/articles/voicevoiceless-soul-rights-dr-br-ambedkar-296976
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
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
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
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
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
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
Confidence dekh rahe ho 1st year student ka π
Π§ΠΈΡΠ°ΡΡ ΠΏΠΎΠ»Π½ΠΎΡΡΡΡ…The Working Of The IBC β Some Thoughts And Reflections : Justice Anand Venkatesh Writes
https://www.livelaw.in/top-stories/insolvency-code-implementation-issues-in-india-and-solutions-297288
πββοΈ CERVICAL PAIN ISSUES & REMEDIES.
https://youtu.be/684DyWA5phU?feature=shared
Important for understanding comcept and application of Rule of law principle.
#COI@CurrentLegalGK
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
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
In the immediate aftermath of the Emergency proclamation on 25β26 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
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: βAbolition 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,β the Court remarked.
#BNS@CurrentLegalGK
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¨βπ«π€ 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
βΒ 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,β the bench remarked.
What do you think?
A later general law can prevail over earlier special law?
@CurrentLegalGK
HAPPY GURU PURNIMA ππ
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
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[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.β
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.
Mechanics and Implications of Forfeiture of Bail Bonds in Criminal Justice
https://www.livelaw.in/articles/mechanics-implications-forfeiture-bail-bonds-criminal-justice-296957