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
Calling the case a "very serious" one, the Court held that there was a violation of the Supreme Court guidelines laid down inΒ D.K. Basu v. State of West BengalΒ [1997] andΒ Joginder Kumar v. State of Uttar PradeshΒ [1994] concerning custodial violence.
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Constitutional Questions on one hand and Appeals on another hand.
Which one would you give priority?
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#Maxim@CurrentLegalGK
CESSANTE RATIONE LEGIS, CESSAT IPSA LEX
When the reason of the law ceases, the law itself also ceases
#Question@CurrentLegalGK
Can Supreme Court and High Court create an offence?
Hint: Marital Rape
Bengaluru tragedy: 6 tips to protect yourself in stampede-like situations π
#bengaluru #chinnaswamy_stadium #express_explained #royal_challenger_bangalore #stampede
The Census of India is conducted under the provisions of the Census Act, 1948 and the Census Rules, 1990. The last Census of India was conducted in 2011 in two phases. Phase I comprised House Listing (HLO) and was conducted from April 1 to 30 September 2010 and phase II known as the Population Enumeration was done from February 9- February 28, 2011.
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IMPORTANT CONSTITUTIONAL AND LEGAL PROVISIONS FOR WOMEN IN INDIA
#Essay@CurrentLegalGK
Navtej Singh Johar v. Union of India 2017
EXPLAINED CONSTITUTIONAL MORALITY
Yogyakarta principles not binding in India.
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Supreme Court May Not Have Legalised Same-Sex Marriage But Such Couples Can Very Well Constitute A Family: Madras High Court
https://www.livelaw.in/high-court/madras-high-court/madras-high-court-liberty-to-lesbian-woman-to-go-with-partner-marriage-not-sole-mode-for-family-294218
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 363Β 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.Β
#COI@CurrentLegalGK
β‘ 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 balanceβone 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, wasΒ a proposal by Lord Mountbatten, the last Viceroy of India, to partition British India into smaller, independent states.Β 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.Β Jawaharlal Nehru opposed this plan, fearing it would lead to balkanization of the country.Β 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.Β
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State of UP v Kaushalya 1963
Π§ΠΈΡΠ°ΡΡ ΠΏΠΎΠ»Π½ΠΎΡΡΡΡ…UP Court Orders Action Against Cops Who Allegedly Subjected Accused To Custodial Violence, Had Him Bitten By Dog
https://www.livelaw.in/news-updates/up-bareilly-court-action-up-police-cops-accused-custodial-violence-bitten-dog-294215
Explained: How the Supreme Court hears cases π
#supreme_court
Joseph Shine v. Union of India 2023 Clarification order
π€{substantive clarification allowed? read judgment}
Army Act, 1950; Sections 45 and 63 - Miscellanious application filed by UoI seeking clarification of Joseph Shine v. Union of India (2019) 3 SCC 39) - This Court was neither called upon nor has it ventured to pronounce on the effect of Sections 45 and 63 of the 1950 Act as also the corresponding provisions in other Acts or any other provisions of the Acts. We only make this position clear. Adultery - Joseph Shine v. Union of India (2019) 3 SCC 39 - It is not as if this Court approved of adultery. This Court has found that adultery may be a moral wrong (per Honβble Ms. Justice Indu Malhotra). This Court has also held that it will continue to be a ground for securing dissolution of marriage. It has also been described as a civil wrong. (Para 23)
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#Quote@CurrentLegalGK
"Rape is not merely a physical assault - it is often destructive of the whole personality of the victim. A murderer destroys the physical body of his victim, a rapist degrades the very soul of the helpless female.
~ State of Punjab v. Gurmit Singh
1996
For English and Hindi Language, and static, current affairs GK which will be coming in upcoming preliminary exams will be covered here in the form of Quizzes.
Join it when prelims gets over π @LegalQuizzes
πβοΈ Indian young lawyers association v. Union of India 2018
[SABRIMALA]
The detailed discussion on Article 13 "law" and "laws in force" - Ghost of Narasu Appa Mali
Conclusion: The decision in Narasu, in immunizing uncodified personal law and construing the same as distinct from custom, deserves detailed reconsideration in an
appropriate case in the future.
After reading a lot I got this π
Still I feel this is the most comprehensive analysis which would be used in near future if UCC is not implemented soon.
Must Quote on UCC:
/channel/CurrentLegalGK/5332
YOGYAKARTA PRINCIPLES
In 2006, in response to well-documented patterns of abuse, a distinguished group of international human rights experts met in Yogyakarta, Indonesia to outline a set of international principles relating to sexual orientation and gender identity. The result was the Yogyakarta Principles: a universal guide to human rights which affirm binding international legal standards with which all States must comply.Β
#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.
π¨ββοΈ 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 βTP Actβ) 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.
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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
β‘ State of UP v. Kaushalya 1963
- Held- Right to movement of sex workers can be restricted.
WHAT DOES REASONABLE RESTRICTION IMPLIESβ
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
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#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?