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16 Dec 2024 17:18
How Supreme Court's Judgment In Nestle Case Is Linked To Switzerland Revoking India's MFN Status
https://www.livelaw.in/top-stories/how-supreme-courts-judgment-in-nestle-case-is-linked-to-switzerland-revoking-indias-mfn-status-278466
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15 Dec 2024 19:42
Is call recording legal in India and admissible in courts - iPleaders
https://blog.ipleaders.in/is-call-recording-legal-in-india-and-admissible-in-courts/
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15 Dec 2024 18:39
Read Last 3 Paragraphs
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15 Dec 2024 15:06
In a recent case, the Supreme Court explainedย Hendersonย doctrine, a natural corollary of the Indian doctrine ofย constructive Res-judicataย codified in Explanation IV of Section 11 of the Code of Civil Procedure (CPC).
Propounded in the English case ofย Henderson versus Henderson, 1843, the doctrine suggests that all the issues arising in the litigation out of the same subject matter must be addressed in a single suit. The doctrine bars re-litigating issues that could or should have been raised in prior proceedings.
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15 Dec 2024 13:31
Acquittal and Honorable acquittal - iPleaders
https://blog.ipleaders.in/honorable-acquittal/
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15 Dec 2024 10:25
๐ Section 197 CrPC/218 BNSS
Prosecution of Judges and public servants
๐ฎโโ๏ธ๐ค๐ Om Prakash Yadav v. Niranjan Kumar Upadhyay, 2024
๐ Principles Summarisedโ
It is not possible to carve out one universal rule that can be uniformly applied to the multivarious facts.
{Broad principles are as follows}
1. Object: to protect
responsible public servants against institution of possibly false or vexatious criminal proceedings.
2. Balancing Strict & liberal construction: The section should be construed strictly to the extent that its operation is limited only to those acts which are discharged in the โcourse of dutyโ. However, once it has been ascertained that the act or omission has indeed been committed by the public servant in the discharge of his duty, then a liberal and wide construction must be given to a particular act or omission so far as its โofficialโ nature is concerned.
3. More focus on examining Act:
The act complained of must be integrally connected or directly linked to his duties as a public servant for the purpose of affording protection under Section 197 CrPC. Hence, it is not the duty which requires an examination so much as the โactโ itself.
4. Test to determine Act:
Whether the public servant, if challenged, can reasonably claim that, what he does, he does in virtue of his office.
5. Test Remoduled Slightlyโ {Reasonable Connection of act and duty} "sine qua non" for the applicability of 197 is that the offence charged, be it one of commission or ommission must be committed by the public servant either in his official capacity or under the color of the office held by him such that there is a direct or reasonable connection between the act and the official duty.
6. Act done in excess of duty will not deprive 197 protection if there is reasonable connection of act with duty.
7. The legislature has thought fit to use two distinct expressions โactingโ or โpurporting to actโ. The latter expression means that even if the
alleged act was done under the color of office, the protection under
Section 197 CrPC can be given. However, this protection must not be
excessively stretched and construed as being limitless. It must be made available only when the alleged act is reasonably connected with the duty.
8. How to determine Reasonable connection between Act and official dutyโ
a. No universal Test
b. Safe and sure Testโ
If the omission or neglect on the part of the public servant to commit the act complained of would have made him answerable for a charge of dereliction of his official duty. If the answer to this question is in the affirmative, the protection under Section 197 CrPC can be granted.
9. The benefit of the provision must not be extended to public officials who try to take undue advantage of their position and misuse the authority vested in them for committing acts which are otherwise not permitted in law.
Ultra Vague Summarisation, but you can rote learn some of them mention the case law and 3-4 principles, if a question comes in to your exam on 197/218
๏ปฟ
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15 Dec 2024 09:50
S.498A IPC : How Supreme Court Raised Concerns About Misuse Of Anti-Dowry & Cruelty Laws Over Years
https://www.livelaw.in/top-stories/supreme-court-take-on-misuse-of-section-498a-ipc-cruelty-harassment-over-implication-of-husband-family-278393
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14 Dec 2024 20:21
๐ Haryana Punjab Mains unsolved
Abhi Mains ke waqt kaam ayegi ye book
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14 Dec 2024 20:06
Could the POSH Act apply to political parties? ๐
#explained_law #express_explained #sexual_harrasment
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14 Dec 2024 17:14
'One Nation, One Election' : How Constitution Is Proposed To Be Amended For Simultaneous Elections To Lok Sabha & State Assemblies
https://www.livelaw.in/top-stories/one-nation-one-election-how-constitution-is-proposed-to-be-amended-for-simultaneous-elections-to-lok-sabha-state-assemblies-278339
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14 Dec 2024 05:39
๐๐ #Tips #Answer_Writing
1. Instead of writing Hereinafter referred to as CPC or BNS you can also write (In short CPC) or
(For Brevity CPC)
2. Make List of Idioms and ohrases which are easy and catchy and write them in essay regardless of topics.
3. Stick to Basic structure of answer:-
โObject of Law --> PROLOGUE
โ Latin Maxim and meaning or origin of the word like Bail
โSections/Orders/Article (provision)
โ Ingredients/essentials and their brief explanation
โ Connecting provisions (only if needed for question)
โ Case law can either be mentioned separately or while discussing essentials (latter is good)
โ Laways cite a case of Indian court whilst citing Very famous known English Case (unique bano sub aise nahi krenge and simple question me alag krna hai)
โ Conclusion can be a summary or remark on importance, misuse of provision or how to exercise this power.
4. Time is the Ultimate Game but not the only one remember to balance accuracy.
5. Look for sections in every terminology and mention them in bracket it will surely enhance your marks.
6. For handwriting- Write clear by this I mean every letter must be visible clearly and always try to think you have to write straight on the line and you have to write every word with best efforts.
Handwriting- Remember Everyone can write better it is just that some take efforts some doesn't.
7. Stick to Word Limit and Connect Inter bare act provisions if needed TPA/ICA/SRA, CPC/LIMTN, BNS/BNSS/BSA,
8. Stick to the Topic and never try to mention wrong Provision or Fact though in Essay you can mention Report name with "estimated" adjective.
9. Stamina Is a Must whenever you feel it is tiring think that this is going to be worth after 1/2 hours and if not then it is going to be worst regretting part.
10. Have Confidence in factual Questions they are really scoring just read twice and observe every word.
11. Connect each Paragraph by connective sentences to make the flow
12. Mention the amendment from which that particular portion of section is inserted, if any.
13. Use of Punctuation qround 5 to 6 common on right place is must, it reflects formal writing.
14. Spacing is important.
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14 Dec 2024 05:28
Where is La Niรฑa? And why did global models err in their predictions? ๐
#el_nino #explained_climate #express_explained #la_nina
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13 Dec 2024 21:24
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13 Dec 2024 20:05
The First Eight - Supreme Court Observer
https://www.scobserver.in/75-years-of-sc/the-first-eight-judges-of-the-supreme-court/
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13 Dec 2024 17:17
Keeping aside the present situation of law which is based on its own convenience of operation, the wrong of crowd, the madness of approaching a celebrity without caring for others will be left unpunished, right?
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