Delay in fee payment and rejection of admission is common, being a dalit and poor talented student can be the basis for moral ground but not legal as it hapoens in every institution, everyone cannot go to Supreme court.

Can this be taken as precedence?

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🌟 Important Provisions of CPC for Practice in Courts.

Must know them before going for an internship for effective outcome.

--> No promotion

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https://theprint.in/judiciary/amid-debate-on-marital-rape-gujarat-hcs-scathing-remarks-rape-is-rape-this-silence-must-be-broken/1891837/?utm_source=TPWeb&utm_medium=Telegram&utm_campaign=TappChannel

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⚡😁 K.M. Sharma vs Devi Lal, 1990


Further, stating that the oath of office could be divided into two parts with one being descriptive and the other being substantial, the A-G contended that any error/mistake in the descriptive part would not vitiate the oath.

Mr. Sorabjee told the court in categorical terms that the designation of Devi Lal as Deputy Prime Minister was only descriptive and that for all purposes he would be considered only as a Minister since there was no constitutional sanction for the post of Deputy Prime Minister as such.

The top court dismissed the writ petition on January 9, 1990 after observing: “In view of the clear statement made by the learned Attorney General that Respondent No. 1 (Devi Lal) is just a Minister like other members of the Council of Ministers though he has been described as Deputy Prime Minister but the description of him as Deputy Prime Minister does not confer on him any powers of the Prime Minister... we think the contention raised by the petitioner has no force.”

What is the difference between substantive and descriptive Oath format?

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Law commission report 1958

On contract act, see page number 48 for indemnity contracts.

🪷 BJP will make changes in these areas in coming overhauling Civil Justice system .

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🌟 Judicial Orders subject to writ jurisdiction or Not

🌟Case- Riju Prasad Sarmavs State Of Assam, 2015

On the related issue of the scope of Article 12 and whether for the purposes of issuance of writ, judicial decisions by the judiciary can be included in State action, we are in agreement with the submissions advanced by Mr. Rajiv Dhavan that definition of ‘the State’ under Article 12 is contextual depending upon all relevant facts including the concerned provisions in Part III of the Constitution. The definition is clearly inclusive and not exhaustive. Hence omission of judiciary when the government and Parliament of India as well as government and legislature of each of the State has been included is conspicuous but not conclusive that judiciary must be excluded. Relevant case laws cited by Mr. Dhavan are:-

(i) Pradeep Kr. Biswas vs. Indian Institute of Chemical Biology & Ors., (2002) 5 SCC 111

(ii) Naresh Shridhar Mirajkar And Ors vs. State of Maharashtra And Anr, (1966) 3 SCR 744

(iii) Triveniben vs. State of Gujarat, (1989) 1 SCC 678

(iv) Poonam vs. Sumit Tanwar, (2010) 4 SCC 460

Hence, in accordance with such judgments holding that judgments of High Court and Supreme Court cannot be subjected to writ jurisdiction and for want of requisite governmental control, Judiciary cannot be a State under Article 12, we also hold that while acting on the judicial side the courts are not included in the definition of the State.

👍Exception- Only when they deal with their employees or act in other matters purely in administrative capacity, the courts may fall within the definition of the State for attracting writ jurisdiction against their administrative actions only.

🤔Reasoning- In our view, such a contextual interpretation must be preferred because it shall promote justice, especially through impartial adjudication in matters of protection of fundamental rights governed by Part III of the Constitution.

R/W- /channel/CurrentLegalGK/2277

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🌟♿ Handbook Concerning Persons With Disabilities

Very Important must read
Page No.
3, 4, 17, 35, 43, 45, 51, 54

Will Help in Essay as it has not been asked anywhere till now.

See what words to avoid while writing an answer of
Section 84 IPC and 22 BNS
Unsoundness of mind .

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🙂 UN and West

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🌟 Naresh shridhar Mirajkar vs State Of Maharashtra, 1966.

Once Read it for Certiorari jurisdiction, courts order affects fundamental rights or not.

The above MCQ is just for testing deatils should be read from here.

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🌟 Vulnerability for Male Teens

The Court observed, “This Court is coming across several cases where girls who are more than about 17 years of age elope with boys of their choice and when they are caught, the parents of the victim force the victim to change the statement of the victim before the police. The police also records such statements at a later stage which is completely contrary to the earlier statements. Majority of the statements recorded under Section 164 Cr.P.C also do not conform with the victim’s earlier statements given by the victim under Section 161 Cr.P.C which is contradictory.

Why to leave the home at this age? Make a career then do what you want after a singificant age and 17 to 24 is not that age.

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🤝 Wesley Newcomb Hohfeld Jural co-relation.

My Question is Can you explain all relations with one example from Indian law system.

Explained Here

#Jurisprudence
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Justice must not only be done but seen to flhave been done.

No matter whether you get the substantive remedy correctly, the procedure must be correct as it is the law of action which we ususally see as justice eg. Fair chance of hearing etc.

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⚡📜 #Question

What are the differences between the Notice of Section 41A/35(3) and 160/179

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🐯 Personally I don't like this jurisprudence on animal rights.

In a way they are part of environment and must be treated at par within environment law.

⚡ See their importance- /channel/CurrentLegalGK/1452

👨‍⚖️ Also read jurisprudence on animals - /channel/CurrentLegalGK/3007

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💰🚓 Compensation issue| V Senthil Balaji v. Deputy Director of Enforcement Directorate, 2024

A issue Yet to be decided—
"Some day, the courts, especially the Constitutional Courts, will have to take a call on a peculiar situation that arises in our justice delivery system. There are cases where clean acquittal is granted by the criminal courts to the accused after very long incarceration as an undertrial.

When we say clean acquittal, we are excluding the cases
1. Where the witnesses have turned hostile or
2. There is a bona fide defective investigation.
In such cases of clean acquittal, crucial years in the life of the accused are lost. In a given case, it may amount to violation of rights of the accused under Article 21 of the Constitution which may give rise to a claim for compensation."


R/W- Rudul Shah v. State of Bihar, 1983 (in Rudul shah he was acquitted and released after 14 years of acquittal and given compensation for arricle 21 infringement)

Mention the Provisions and law relating to malacious prosection 👇

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'We Can't Let Such A Talented Boy Go Away:' Supreme Court Directs IIT To Admit Dalit Student Who Lost Admission Due To Delay In Paying Fee
https://www.livelaw.in/top-stories/we-cant-let-such-a-talented-boy-go-away-supreme-court-directs-iit-to-admit-dalit-student-who-lost-admission-due-to-delay-in-paying-fee-271156

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“The United Kingdom…has also removed the exception pursuant to a judgment rendered by the House of Lords in R v. R in the year 1991. Therefore, the Code that was made by the rulers then has itself abolished the exception given to husbands. Therefore, a man sexually assaulting or raping a woman is amenable to punishment under Section 376 (rape) of the IPC,” the court said.

R/W -
/channel/CurrentLegalGK/3751

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Can the Chief Justice of India Practice as an Advocate After Retirement? - Law Trend
https://lawtrend.in/can-the-chief-justice-of-india-practice-as-an-advocate-after-retirement/

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🌟 Who is a Deputy Chief Minister? Powers, duties etc..


https://www.thehindu.com/news/national/tamil-nadu/deputy-chief-minister-post-courts-have-consistently-refused-to-interfere-with-the-appellation/article68696918.ece

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Law optional paper - II.pdf

Paper 1 /channel/CurrentLegalGK/3829

UPSC CSE MAINS 2024

The questions are as always thought provoking a judicial service candidate will face difficulty though prima facie he will feel questions are easy.

Question 8b safe harbour dealt by us in recent judgment.
Question on oublicity interest litigation asked and discussed last year ago by us on answer writing group.

Indemnity sections are not exhaustive see law commission report , 1958

Good question-
1. False imprisonment (torts) v. malacious prosection.
2. Vicarious liability and tortious liability of state.

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75 Important Judgments Of The Supreme Court: Part II | Celebrating 75 Years of India's Supreme Court
https://www.livelaw.in/supreme-court/75-important-judgments-of-the-supreme-court-part-ii-celebrating-75-years-of-indias-supreme-court-271052

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Lawoptional paper 2024 Mains UPSC cse

Question 4(b) Quote -
/channel/CurrentLegalGK/1447

Question on 194 and 105 expected
/channel/CurrentLegalGK/3351


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'Punitive Demolitions Grave Violation Of Human Rights' : UN Expert Seeks Intervention In 'Bulldozer' Matter In Supreme Court
https://www.livelaw.in/top-stories/supreme-court-bulldozer-actions-un-special-rapporteur-intervention-punitive-demolitions-violation-of-intl-human-rights-271013

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😈➡️😊 Reformative Theory of Punishment In India

⚡ Background- Rules exclude certain categories of offences including the offences relating to terrorist crimes from the purview of remission.


⚡ Issue- ‘as to whether exclusion of certain categories of offences from the scope of grant of remission by way
of rules and guidelines is violative of the fundamental rights guaranteed under Articles 14 and 21 of COI?


⚡ Ratio Decidendi-
1. Two Policies conflict-
Generally the policy of remission at the time of conviction will prevail over present policy but latter can be applied in case it is beneficial.

2. The Prison manuals cannot supercede Statutes. (20 years ≠ L.I. Gopal Vinayak Godse vs.
State of Maharashtra, 1961)

3. Article 14 and Intelligible differentia-
class apart and the classification of crimes made in the impugned Rules is reasonable and not arbitrary. It has a rational basis/reasonable nexus to the object (destruction over erstwhile J&K) and the argument that delhi prison manual doesn't have this provision is not good because terrorism in Delhi and J&K are different latter is suffering from 3 decades.

4. Theory of Punishment exception- The concept of reformative sentencing policy cannot be stretched to tyrannical limits so as to extend an undue favour to a person who has been convicted of a heinous offence after following due procedure of law.

5. Article 21- A person once convited for terrorism infringing others right to life and given opportunity to defend his liberty can be curtailed after following due procedure of law.

6. It is well within the jurisdiction of the executive to frame a statutory policy to exclude certain types of crimes from the purview of remission, provided it is based upon intelligible differentia. (Dadu @ Tulsi Dass vs. State of Maharashtra, 2000 & Union of India vs. V. Sriharan @ Murugan, 2016)

7. Highest executive power prescribed under the Constitution under Articles 72 and 161 shall always remain untouched and can be exercised without any restriction.
(Maru Ram vs. Union of India and another, 1981 and UOI v. Sriharan, 2016)


⚡ Latin Maxims Used-
1. Per Contra- on the other hand
2. Res Integra- untouched matter (issue not decided)

Case- Dr. Ashiq Hussain Factoo v. State of J&K, 2024
(terrorist is educated 🙂)

🫡🪖Today is 8th Anniversary of Uri Surgical Strike and Sir Bhagat Singh's Anniversary

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Teenage Love & Related Offences Falls In ‘Legal Grey Area’; It's Debatable If That Can Be Categorised As Offence: Delhi HC
https://www.verdictum.in/court-updates/high-courts/delhi-high-court-shubham-v-state-of-nct-of-delhi-2024dhc7446-sections-363-366-368-323-344-376-506-120b-34-ipc-sections-6-17-and-21-pocso-act-teenage-love-legal-grey-area-1552907

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🌟 Bachan Singh vs State Of Punjab, 1980

✍️ Article 19 -

"The six fundamental freedoms guaranteed under Article 19(1) are not absolute rights.

Firstly, they are subject to inherent restraints stemming from the reciprocal obligation of one member of a civil society to so use his rights as not to infringe or injury similar rights of another. This is on the principle "sic uteri tuo ut alienum non laedas"

Secondly, under Cls. (2) to (6) these rights have been expressly made subject to the power the State impose reasonable restrictions, which may even extend prohibition, on the exercise of those rights."


🌟 L.I. IS RULE AND DEATH PENALTY IS EXCEPTION

"...It is imperative to voice the concern that courts, aided by the broad illustrative guidelines indicated by us, will discharge the onerous function with evermore scrupulous care and humane concern, directed along the highroad of legislative policy out- lined in Section 354(3), viz., that for persons convicted of murder, life imprisonment is the rule and death sentence an exception...."

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https://www.thehindu.com/opinion/editorial/%E2%80%8Bjudge-and-prejudice-on-conduct-in-judicial-proceedings/article68686279.ece

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Notice To Accused: Section 41A CrPC Versus Section 160 CrPC
https://www.livelaw.in/articles/notice-to-accused-section-41a-crpc-versus-section-160-crpc-270455

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'Animals Don't Have Rights But State Instrumentalities Must Ensure Safe Environment': Madras HC Orders Compensation For Cow's Death By Electrocution
https://www.livelaw.in/high-court/madras-high-court/madras-high-court-animal-no-right-state-duty-to-ensure-safe-environment-270881

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💯🧠 #Question

What is the validity and extent of liability of contracts made before joining adventure sports or for say parking your vehicle, explain for both in detail.

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