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π² Contact β @CurrentLegalGKBOT π¨ββοΈ Law vs. Logic: Lessons from Experience. Get clear answers to legal issues, skill-building tips, case briefs, and simplified explanations of the latest enactments. π§ Daily Quiz β @LegalQuizzes β³π Enjoy Learning!
What are the Commons and why is community leadership needed to govern them? π
#express_explained
π History of Supreme court
@CurrentLegalGK
Mission Mausam ββοΈ
Is there any right currently on good whether conditions?
I think MK Ranjitsinh v. Union of India, 2024 perfectly fits here because of the right against the adverse effects of climate change in extreme whether situation though it is very weak due to lack of any use and territorial application of climate which is not possible as nature as no boundaries.
@CurrentLegalGK
β‘ Welcome changeβ
The expression βMagistrate of the Districtβ in Section 183 of BNSS is a welcome change. Section 164 Cr.P.C did not confer the right to record confessions and statements to any βJudicial Magistrateβ of the district. Hence, it could even be argued that a βJudicial Magistrateβ of Tamil Nadu could record the confession of an accused involved in an offence committed in New Delhi. Now such an interpretation will not be possible.
π Unwelcome Changeβ
Any Magistrate of the District in which the information about commission of any offence has been registered.
So if the information is registered in Assam and offence committed in punjab then only assam's Magistrate can record statement or confession.
β‘ Welcome Change-
Incorporation of this judgment directions in proviso of sub section 6
State of Karnataka, Nonavinakere Police v. Shivanna @ Tarkari Shivanna, {2014 SC}
Section 164 CrPC now 183 BNSS
π #Quote
βYouΒ mustΒ notΒ useΒ aΒ steamΒ
hammerΒ toΒ crackΒ a nut,Β
ifΒ aΒ nutcrackerΒ would
do?Β InΒ otherΒ words,Β
proportionalityΒ isΒ all about meansΒ andΒ ends.
~RΒ v.Β Goldsmith,Β [1983]
Justice Diplok
Use- Doctrine of Proportionality, Harmonious construction, test of reasonableness on balancing rights and restrictions both.ο»Ώ
π Doctrine of Silence | A Comprehensive overview from Constitution to CrPC and Doctrine of Missing link.
β‘ Selvi v. State of Karnataka
A conjunctive reading of
βArticle 20(3)
βSections 161(2),
β313(3) and
βProviso (b) of Section 315(1) CrPC.
The gist of this position is that even though an accused is a competent witness in his/her own trial, he/she cannot be compelled to answer questions that could expose him/her to incrimination and the trial Judge cannot draw adverse inferences from the refusal to do so. This position is cemented by prohibiting any of the parties from commenting on the failure of the accused to give evidence
@CurrentLegalGK
π Remember These strategies are very Fundamental and easy no coaching will try to teach you in detail in return YT views.
Don't ignore them by thinking as an ordinary Telegram channel advice and if you want then it is up to you my friend π.
π€£Edit- Laughing Emoji wale thankyou for increasing reactions.
π These are some General Awareness Articles.
Skim them for once.
Rahul Gandhi One is Political news but Important for us to know in general about his ideology as he is the keader of opposition (counterpart of PM)
@CurrentLegalGK
Why September 12 is observed as Saragarhi Day π
#express_explained #history #punjab
Why Tamil Nadu opposes Centreβs New Education Policy (NEP) π
#dharmendra_pradhan #explained_politics #express_explained #m_k_stalin #new_education_policy #tamil_nadu
π―β‘ very important issue.
Use- You can quote this and Murthy in education based essays.
Observing world can teach you a lot, which can be attained by going to schools and colleges
@CurrentLegalGK
10 Important Life Lessons From Bhagavad Gita | Times of India
https://timesofindia.indiatimes.com/religion/web-stories/10-important-life-lessons-from-bhagavad-gita/photostory/106165157.cms
Can't Direct Enactment Of Law To Enforce Fundamental Duties, Says Supreme Court During PIL Hearing
https://www.livelaw.in/top-stories/supreme-court-plea-for-enforcement-of-fundamental-duties-court-says-it-cannot-direct-legislature-to-enact-law-269324
The court said that collegiums for High Court appointments would include the
1. Chief Justice of India (CJI) and the
2. two seniormost judges of the Supreme Court.
This collegium would be required to consult the βChief Justice and senior judgesβ of the HC concerned, the βseniormostβ SC judge from that HC, as well as any SC judges who were βknowledgeableβ about that HC.
As a part of this process, the Chief Justice of the HC must consult two other seniormost judges at the HC β together forming the High Court collegium β
And send their recommendations, with reasons, to the Chief Minister, the Governor, and the CJI.
The Governor, based on the advice of the Chief Minister, will send the proposal to the Minister of Law and Justice at the Centre, who will conduct a background check and send the entire material to the CJI, who will consider it with the rest of the SC collegium.
@CurrentLegalGK
Acknowledging Dewan's submission, Justice Nagarathna said that there can be something like aΒ "surrogate bank".Β "The plan will not really work in the sense they are still going to be paid. Atleast we can regulate it",Β the judge added.
@CurrentLegalGK
π Article 19 Answer Booster
https://whatsapp.com/channel/0029Va9gNrwJf05bMBIllR25/122
#Question can you answer them?
Whether the restrictions of 19 and 25 can be used together?
Whether we have a hierarchy of fundamental rights that this is superior to that?
ποΈTranslate this in Hindi on the occassion of ΰ€Ήΰ€Ώΰ€¨ΰ₯ΰ€¦ΰ₯ ΰ€¦ΰ€Ώΰ€΅ΰ€Έ π
Send your translated version-
@LegalQuizzes
@CurrentLegalGK
The Welcome And Unwelcome Changes In Section 183 Of BNSS
https://www.livelaw.in/articles/comparison-between-section-183-bharatiya-nagarik-suraksha-sanhita-and-section-164-code-of-criminal-procedure-269492
π€«π Doctrine of Silence (When constitution is expressly silent on a point of law) Read with Doctrine of Progressive interpretation and Emanation.
π Brief of Doctrine
The Doctrine of Silence highlights how a constitution's unspoken or unwritten aspects are just as important as its explicit provisions.
Constitutional silence can reveal latent principles. Where the Constitution is silent, courts often infer rights or limitations through interpretation, filling gaps that the framers may have left open. For eg Doctrine of Basic Structure, despite no explicit mention of it. Similarly, Griswold v Connecticut 1965 case in USA saw Supreme Court infer right to privacy from various amendments, despite privacy not being explicitly mentioned in Constitution
The article distinguishes between door-closing silences (imply prohibition) and door-opening silences (open avenues for interpretation) Interplay between what is said and unsaid allows for judicial creativity.
R/W-
/channel/CurrentLegalGK/2989
@CurrentLegalGK
π Doctrine of Chilling Effect under Article 19(1)(a) Feedom of speech and expression lucidly Explained
https://whatsapp.com/channel/0029Va9gNrwJf05bMBIllR25/121
@CurrentLegalGK
π Strategy to Get 90% Accuracy in Translation paper
90% is very High but achievable with a simple strategy.
π Step One-
1. When you have completed the reading of subject in one langauge.
2. Read the hindi/vernacular langauge one.
3. Open the Index and Pick very Important and difficult terms and make list of around 50 words only.
4. If you struggle refer the above glossary it is purely authentic, can be used to challenge High Court Answers.
5. After reading index you can lateron in advanced stage pick commonly used but difficult to remember terms from details of section.
Revise them too along with notes.
Does Polaris Dawn mission violate 50-year old international treaty? π
#explained_sci_tech #express_explained #spacex
Why Rahul Gandhiβs meeting with US Congresswoman Ilhan Omar has triggered outrage π
#express_explained #minnesota #rahul_gandhi
S.319 CrPC | Order To Summon Additional Accused Passed After Acquittal/Conviction Of Co-Accused Is Unsustainable: Supreme Court
https://www.livelaw.in/top-stories/s319-crpc-order-to-summon-additional-accused-passed-after-acquittalconviction-of-co-accused-is-unsustainable-supreme-court-269348
Narayana Murthy criticizes coaching classes, advocates for genuine learning and critical thinking
https://www.newindianexpress.com/business/2024/Sep/10/narayana-murthy-criticizes-coaching-classes-advocates-for-genuine-learning-and-critical-thinking
#Question
What will be the consequences if Fundamental duties under constitution become enforceable? What new issues might come?
@CurrentLegalGK
π€¬ π¬π§πΊπΈ
UK v. USA Defamation laws.
Burden of proof and fault liability.
In the UK, the falsity of a defamatory statement is presumed, and the defendant must prove that the statement is true.
In the USA, the plaintiff must prove that the statement is false. This reversal of burden makes it easier to bring a defamation case in the UK.
In UK no need to prove Negligency or Recklessnes or knowledge there is steict liability..
In U.S.A Knowledge (actual malice) or Negligence need to be proved depending on whom the person suing Public official or private person
@CurrentLegalGK
βEffective consultationβ: How SC ruling underlines process of HC judgesβ appointment π
#collegium_system #himachal_pradesh_high_court #sc_collegium #supreme_court_collegium
Surrogate Mothers Likely To Be Paid Anyway, Better To Have A System To Regulate : Supreme Court In Challenge To Ban On Commercial Surrogacy
https://www.livelaw.in/top-stories/supreme-court-protection-of-surrogate-mothers-plea-against-prohibition-on-commercial-surrogacy-269196