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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!
๐ #Tip for Handwriting
๐
ฐ๏ธ๐
ฑ๏ธ Letter by Letter Approach
๐ฏ Believe me this will give you 10 times improvement everytime you do this.
โก Step 1. Write slowly and give best efforts in 200 Words from anywhere.
โก Step 2. Now see which letter looks bad to you (self analyse)
โก Step 3. See same letter in your peers handwriting (cursive and separate letter treated differently)
โก Step 4. Use that letter style in your handwriting which you copied and keep doing untill comes in habit (it will come within 3 days)
โก Step 5. Repeat the above and ask others too after 5 repetitions.
First fix this then practice a lot of writing to speed by fixing timer.
#Question
What is an Express Notice under TPA whether the term is used in any of the provisions?
@CurrentLegalGK
Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digestโ August 2024
Important - /channel/CurrentLegalGK/3577?comment=306574
@CurrentLegalGK
"unintentionally choosing a wrong legal remedy should not become a technical hindrance for exercising Constitutional and statutory rights in pursuit of Justice. Given this, the appropriate relief under these compelling circumstances is limited protection and relief to exercise the correct option."
Mistakenly applied wrong law (crpc) got the Relief from court.
@CurrentLegalGK
Supreme Court Half Yearly Digest 2024 - Civil Minor Acts
@CurrentLegalGK
๐ฆ Why instead of Writ Courts the Regular Civil Courts or Family Courts are in an advantageous position for dealing with child custody cases.
๐ Reasonsโ
๐The Court can frequently interact with the child. Practically, all Family Courts have a child centre/play area.
๐A child can be brought to the play centre, where the judicial officer can interact with the child.
Access can be given to the parties to meet the child at the same place.
๐Moreover, the Court dealing with custody matters can record evidence.
๐The Court can appoint experts to make the psychological assessment of the child.
๐If an access is required to be given to one of the parties to meet the child, the Civil Court or Family Court is in a better position to monitor the same.
๐Principles for habeas corpus writs dealing with child custody
1. Prerogative/extraordinary remedy.
2. HC has discretion not to exercise it even if it finds that custody of the child by the respondents was illegal (welfare of children to not to disturb custody)ย
3. Paramount consideration is the welfare of the minor.
4. ย Court cannot ignore the doctrine of parens patriae (state acts as parent when rea parent neglects), the order cannot be exercised mechanically or child cannot be treated as property.
Case- Somprabha Rana & Ors. versus The State of Madhya Pradesh, 2024
Law- Guardianship and Wards Act, 1890 & Article 226
Police will not register FIRs and magistrates cannot: Welcome to the regime of new criminal laws
https://www.barandbench.com/columns/police-wont-register-firs-magistrates-cannot-regime-of-new-criminal-laws
@CurrentLegalGK
Supreme Court Half Yearly Digest 2024 - Criminal Minor Acts
https://www.livelaw.in/supreme-court/supreme-court-judgments-criminal-minor-acts-half-yearly-digest-2024-268936
BREAKING| States' Power To Levy Tax On Mineral Rights Not Limited By MMDR Act; Royalty Not Tax: Supreme Court Holds By 8 :1
https://www.livelaw.in/top-stories/states-power-to-levy-tax-on-mineral-rights-not-limited-by-mmdr-act-royalty-not-tax-supreme-court-holds-by-8-1-264491
Kesavananda Bharati Judgment Paved Way For Economic & Social Justice : Justice BR Gavai
https://www.livelaw.in/top-stories/kesavananda-bharati-judgment-paved-way-for-economic-social-justice-justice-br-gavai-268809
๐ #Tip
Always be organised and good in management from studies, notes, daily chores to finances, it helps you balance everything and fulfill your commitments on time.
A well Managed court is equal to 5 Normal courts.
Important ๐
@CurrentLegalGK
๐ค๐จโโ๏ธ๐ฉโโ๏ธ๐ฎ Law commission of India โ๏ธ
1. NON- statutory (formed by notification in gazette by ministry of law and not parliamentary act)
2.The 22 Law Commissions appointed since Independence have submitted a total 289 reports to the government.
3. Non binding recommendations.
4. Accecpted recommendations and laws such as CrPC & Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) were enacted.
5. Last Commission (22nd) recommended retention of sedition law reasoned maoist, khalistan and militancy in north east + J&K. and A new law on trade secrets.
6. Like the 22nd and 21st commissions, the 23rd Law Commission too, has been asked to examine โthe existing laws in the light of DPSP
7. The first three terms are:
A. โIdentify laws which are no longer needed or relevant and can be immediately repealed;
B. Creating a Standard Operating Procedure (SoP) for periodic review of existing laws inter alia for the undertaking of simplification of language and processes;
C. Identify laws which are not in harmony with the economic needs of the times and require amendments.
In short Reforms in Civil Justice System will be recommended by 23rd LC
#Question
If a law can be declared unconstitutional similarly can an unjust arbitrary Repeal of law be declared unconstitutional too?
@CurrentLegalGK
'Poker and rummy are games of skill and not gambling'; Allahabad HC directs authorities to pass reasoned order in application for permission to run a gaming unit
https://www.scconline.com/blog/post/2024/09/06/poker-rummy-games-of-skill-not-gambling-all-hc-direct-to-pass-reasoned-order-application-for-permission-run-gaming-unit/
๐ง ๐คฏ๐ MENTALLY ILL PERSON CAN/CANNOT ENTER INTO SALE DEED
Requirement for transfer of property is majority + soundness of mind then how people suffering from coma, autism, cerebral palsy can transfer their Property???
โ
Sale under Mental Health Act,1987
โObject: Provide Better treatment &
Provisions for property.
โMental ill person: Person who is in need of treatment due to any mental disorder other than "mental retardation" (which is covered under a separate statute).
โAppointment of Guardian and Manager.
~ Possession of property is must.
~ District Court appointing
1) A Guardian under Section 53 to take care of his person; and
2) A Manager under Section 54 for the management of his property.
(Both can be the same person)
~ Manager could mortgage, create any charge on, or, transfer by sale, gift, exchange or otherwise, any immovable property of the mentally ill person OR lease out any such property for a period exceeding five years, only after obtaining permission of the District Court in that behalf.
~ Signature in deed by manager.
~ Entering into Contract.
~ Could be sued for mismanagement of sums received from property.
โBut ==> new act repealed 1987 Act
~ 2017 Act, has no provision or an alternate mechanism for adjudication of matters pertaining to property of Mentally ill person.
โ
The Rights of Persons with Disabilities Act, (โRPwD Act, 2016)
โPerson with Disability:- Person with long-term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others.
โLimited Guardianshipโ means a system of joint decision which operates on mutual understanding and trust between the guardian and the person with disability, which shall be limited to a specific period and for specific decision and situation and shall operate in accordance to the will of the person with disability. (Appointed by Designated authority or District court)
โข No provision of sale, gift, lease etc
โข No absolute power by guardian (limited)
โ
Guardian Under National Trust Act,1999
No concept of manager, only guardian appointed by local committee, which frame some duties like management of property or furnish accounts of immovabale property
โSale or dealing with property of person with disability, falls outside the purview of the said Act.
โ
Recent Trends and case laws
Till date there is no law relating to appointment of guardian of a person who is in coma or a vegetative state.โDoctrine of Parens Patriae
"State to provide a parent who can take decision on behalf of such needy person, in case of no law court act as state under article 12"
๐จโโ๏ธRita Arvind Kakodkar v Maharashtra, 2022, appointed a sister of a widowed brother as his guardian at law and of his property and assets, following guidelines:-
1. Sale with court permission
2. Money to be deposited in brothers bank account.
So there is no proper law which sets out procedure for sale of property of mentally ill person, and relatives of person has to suffer.
โ
Suggestions
We need a uniform mechanism under one statue, setting out unequivocal process of sale of immovable properties of all persons incapable of taking legal decisions, through manager/guardian, be it mentally ill persons, people in comatose state or otherwise.
Also read- G. Babu v. The District Collector and Ors. 2023
#Discernible_Topics
@CurrentLegalGK
๐ฏ #Tip
Essential ingredients of provisions and Landmark judgments ratio of any subject is nothing but the heart of every law exam.
@CurrentLegalGK
๐ From Greater Nicobar Members of Which tribe voted for first time in 2024 General elections.
Till now I have won more than 5.99 Billions in KBC, they are not paying me. ๐ฅ
#MCQ
#JOCKS
@CurrentLegalGK
Punjab & Haryana High Court Stays Arrest Of Accused Who Wrongly Sought Pre-Arrest Bail Under CrPC, Grants Time To File Under BNSS
https://www.livelaw.in/high-court/punjab-and-haryana-high-court/punjab-haryana-high-court-crpc-wrongly-invoked-file-under-bnss-interim-relief-269054
๐ History of Kashmir
๐ https://dainik.bhaskar.com/m8pLeZaCIMb
@CurrentLegalGK
Why Regular Civil Courts or Family Courts Are In Better Position Than Writ Courts To Deal With Child Custody Cases? Supreme Court Explains
https://www.livelaw.in/supreme-court/why-regular-civil-courts-or-family-courts-are-in-better-position-than-writ-courts-to-deal-with-child-custody-cases-supreme-court-explains-268929
๐ฏ 6 monthly digest criminal minors
JUVENILE JUSTICE ACT, NEGOTIABLE INSTRUMENTS ACT
@CurrentLegalGK
Summary soon for CLAT PG.
@CurrentLegalGK
๐จโโ๏ธโก Role of Justice H R Khanna in Kesavanand Bharti
H.R. khanna partly supported view of Justice Sikri (other 6) and partly supported the view Justice AN Ray (other 6) out of 13 judges which is now the view of Kesavanada Bharati.
B.R. Gavai in his address said B.R. Ambedkar said Constitution is unitsry and federal both and it is such that it will keep country united at times of war and peace and compared neighbouring countries eg. Pakistan, bangladesh etc.
Though in my opinion these countries are too unitary in nature the reason is good governance and democracy which made india united always.
๐ Legal_Stalwart - Justice Sinha
The story is that till midnight he used to have two-three stenographers at a time and dictate two- three judgments simultaneously. I have seen that he was a very frugal eater. He used to eat in very small quantities and I think that he hardly slept.
If they can do hardwork after getting this prestigious service why can't we?
๐จโโ๏ธ๐ฉโโ๏ธ Qualities of a Judge | Ancient Indian History
เคตเฅเคฏเคตเคนเคพเคฐเคตเคฟเคฆเค เคชเฅเคฐเคพเคเฅเคเคพ เคตเฅเคคเฅเคคเคฟเคทเฅเคฒเคพ เคเฅเคฃเคพเคจเฅเคตเคฟเคคเคเฅค
เคฐเคฟเคชเฅ เคฎเคฟเคคเฅเคฐเฅ เคธเคฎเคพ เคฏเฅ เค เคงเคฐเฅเคฎเคเฅเคเคพเค เคธเคคเฅเคฏเคตเคพเคฆเคฟเคจเคเฅคเฅค
เคจเคฟเคฐเคพเคฒเคธเคพ เคเคฟเคคเคเฅเคง เคเคพเคฎเคฒเฅเคญเคพเค เคชเฅเคฐเคฟเคฏเคเคตเคฆเคเฅค
เคฐเคพเคเฅเคเคพ เคจเคฟเคฏเฅเคเคฟเคคเคตเฅเคฏเคพเคธเฅเคคเฅ เคธเคฎเฅเคฏเคพ เคธเคฐเฅเคตเคพเคธเฅ เคเคพเคคเคฟเคทเฅเฅคเฅค
โก English Version
Those Who are-
1. Well-versed in legal matters,
2. Wise
3. Have Good conduct, and possessing virtues,
4. Who are impartial towards friends and enemies
5. Knowledgeable in righteousness (dharm)
6. Truthful
7. Those who are diligent
8. Conquered anger
9. Free from desire and greed
10. Speak kindly.
Such individuals should be appointed by the king from all castes as Judges.
Instead of Socrates you can quote this as well
๐๏ธ Happy Ganesh Chaturthi
๐ง Ganesh Ji and Hanuman Ji are 2 Gods who are favorite of every Child. (mine too)
We have seen their movies from childhood and they have taught us a lot.
Supreme Court To Lay Down Procedure To Avoid Delays In Execution Of Death Penalty After Mercy Petition Is Rejected
https://www.livelaw.in/top-stories/supreme-court-to-lay-down-procedure-to-avoid-delays-in-execution-of-death-penalty-after-mercy-petition-is-rejected-268859
What is the Law Commission: its role, members, & recommendations ๐
#explained_law #express_explained #law_commission
๐ Game of skillโ Explained simply
/channel/CurrentLegalGK/2536
@CurrentLegalGK
โก๐ชซ E- evidence in BSA
๐๏ธSee/withโ
https://www.youtube.com/live/2n6DMY01i98?feature=shared
@CurrentLegalGK