๐ฒContact โ> @CurrentLegalGKBOT ๐จโโ๏ธ Setting Precedents: Relevancy and Reinvigoration. You will get awesome legal issues answered, occasional tips on skills, case briefs, and latest laws explained. ๐ง For Daily Quiz โ> @LegalQuizzes โณ๐Enjoy_Learning
#Question@CurrentLegalGK
2 Hindus marry under special marriage act their intestte and testamanetary succession of proprerty will be governed by __?
a. Mitalshara law
b. Dayabhaga law.
c. Hindu Succession Act.
d. Indian Succession Act
e. Unki marzi apne ko kya.
๐จโโ๏ธ RAJU NAIDU
v.
CHENMOUGA SUNDRA
2025
The High Court further observed that Section 53A of the Transfer of Property Act, 1882 (hereinafter referred to as โTP Actโ) will not be applicable to the facts and circumstances of this case as the appellant had knowledge about the pendency of the suit and had entered into agreement with the father of the respondent Nos. 1 to 8.
Affirmed by supreme court.
In this case conflict between Section 52 lis pendens and section 53A part performance, 52 prevails over 53A due to limited rights given to the transfree pendent lite.
Facts are mostly related to a dispute between father and heirs on property was pending and father executed a sale agreement in favour of third person and decree came in favour of heirs now third person claims 53A.
#TPA@CurrentLegalGK
Passing Of Any Law By Parliament Or State Legislature Can't Be Held To Be Contempt Of Court : Supreme Court
https://www.livelaw.in/top-stories/supreme-court-salwa-judum-case-any-law-passed-by-parliament-cannot-be-contempt-of-court-294172
Can Courts Hear Disputes Arising Out Of Properties Which Are Covered By Pre-Constitutional Agreements Between Princely States And The Union? SC To Consider
https://www.livelaw.in/top-stories/supreme-court-disputes-properties-pre-constitutional-agreements-between-princely-states-and-the-union-294094
'You May Be Kamal Haasan But You Can't Hurt Sentiments Of Masses': Karnataka High Court Tells Thug Life Actor To Apologize For Remarks
https://www.livelaw.in/high-court/karnataka-high-court/karnataka-high-court-kamal-hassan-movie-thug-life-kannada-language-controversy-294133
โก State of UP v. Kaushalya 1963
- Held- Right to movement of sex workers can be restricted.
WHAT DOES REASONABLE RESTRICTION IMPLIESโ
Whether a restriction is
reasonable in the interests or the general public cannot be answered on a priori reasoning; it depends upon the peculiar circumstances of each case.
Chintaman Rao v. State Of Madhya Pradesh 1950 succinctly defined the expression "reasonable restrictions" thus :
"The- phrase "reasonable restriction" connotes the limitation imposed on a person in enjoyment of the right should not be arbitrary or of an excessive nature, beyond what is required in the interests of the public. The word "reasonable" implies intelligent care and deliberation, that is, the choice of a course which reason dictates."
A fairly exhaustive test to ascertain the reasonableness of a provision is given by Patanjali Sastri C.J. in
The State Of Madras v. V.G Row 1952
"It is important in this context to bear in mind that the test of reasonableness, wherever prescribed should be applied to each individual statute impugned, and no abstract standard, or general pattern, of reasonableness can be laid down as applicable to all cases. The nature of the right alleged to have been infringed, the underlying purpose of the restrictions imposed, the extent and urgency of the evil sought to be remedied thereby, the disproportion of the imposition, the prevailing conditions at the time, should all enter into the judicial verdict."
If we may say so, with respect, this passage summarized the law on the subject fully and precisely.
The reasonableness of a restriction depends upon the values of life in a society, the circumstances obtaining at a particular point of time when the restriction is imposed, the degree and the urgency of the evil sought to be controlled and similar others.
Proportionality
#COI@CurrentLegalGK
#Question@CurrentLegalGK
A, B and C are creditors of D. D satisfies the debt of C alone by transferring all his property to C and nothing is left for A and B. Can A and B get this transfer declared void?
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.
@CurrentLegalGK
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.
@CurrentLegalGK
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.
/channel/CurrentLegalGK/24
#Discernible_Topics
@CurrentLegalGK
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
@CurrentLegalGK
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)
@CurrentLegalGK
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
Tamil-Kannada Row: How Are Kannada and Tamil Connected?
https://www.deccanherald.com/specials/daughter-or-sister-how-are-kannada-and-tamil-related-3566160
Chandi Prasad v. Jagdish Prasad 2004
Doctrine of MERGER explained:
The doctrine of merger does not make a distinction between an order of reversal, modification or an order of confirmation passed by the appellate authority. The said doctrine postulates that there cannot be more than one operative decree governing the same subject matter at a given point of time. It is trite that when an Appellate Court passes a decree, the decree of the trial court merges with the decree of the Appellate Court and even if and subject to any modification that may be made in the appellate decree, the decree of the Appellate Court supersedes the decree of the trial court. In other words, merger of a decree takes place irrespective of the fact as to whether the Appellate Court affirms, modifies or reverses the decree passed by the trial court. ...."
Important judgment to come
Article 363ย bars the interference of Courts in any disputes which may arise from certain treaties, agreements, covenants, sanad, engagements etc, which were executed between a princely state and the Government of India.ย
#COI@CurrentLegalGK
โก Awareness
for Ignorance is essential
While I agree that sentiments must be respected and not hurt on a large scale as seen in the controversy around certain movies, the State has a duty to educate people. It must make citizens aware that films, comedy shows, actors, and comedians are forms of artistic expression, not authoritative sources of science, law, or any other serious discipline. Unfortunately, many Indians remain highly sensitive to freedom of speech under Article 19(1)(a), which explains the stark contrast between India and the United States in this regard. In India, laws especially restrictions are shaped by the prevailing values of life in society at a given time.
Over the next few decades, the scope of offences and restrictions under Article 19(1)(a) is likely to evolve. Freedom of speech and expression has increasingly become a contentious issue in the current cosmopolitan scenario. On one hand, there's growing demand for greater freedom, as it is foundational to democratic development. On the other hand, some argue for maintaining existing restrictions, often invoking J.S. Mill's harm principle.
However, this is not a debate between individualism and collectivism. In India, we strive to strike a balanceโone that tends to favour public interest but is guided by deeper principles such as constitutional morality and scientific temper. These ideals collectively elevate our standard of rights in a diverse and democratic society.
Evergoing debate on 19(1)(a)
The Dickie Bird Plan, also known as the Balkan Plan, wasย a proposal by Lord Mountbatten, the last Viceroy of India, to partition British India into smaller, independent states.ย This plan, formulated in May 1947, suggested that provinces be declared independent and then allowed to choose whether to join the Constituent Assembly of India or not.ย Jawaharlal Nehru opposed this plan, fearing it would lead to balkanization of the country.ย Mountbatten then introduced the June 3 Plan, also known as the Mountbatten Plan, which ultimately led to the partition of India and the creation of Pakistan.ย
#Day@CurrentLegalGK
State of UP v Kaushalya 1963
ะงะธัะฐัั ะฟะพะปะฝะพัััั…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.
@CurrentLegalGK
Emblems and Names (Prevention of Improper Use) Act, 1950.
@CurrentLegalGK
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.
@CurrentLegalGK
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
@CurrentLegalGK
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