Problem in questioning Bishnoi: How courts can restrict some accused people from being present during trial 🔗
#baba_siddique #explained_law #express_explained #lawrence_bishnoi

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Review petition, A landmark Judgment to come.

M/s Siddamsetty Infra Projects Pvt Ltd v. Katta Sujatha Reddy and Others, review petition 2024

✓ Article 20(1) - Criminal law
✓ Interpretation of statutes on civil law - substantive or procedural 👇

1. S.R.A— Adhunik Steel v. Orissa Manganese & Minerals Pvt. Ltd., 2007 that “the law of specific relief is […], in its essence, a part of the law of procedure, for specific relief is a form of judicial redress.” At the same time, case law suggests that determining whether a legislative change is substantive or procedural requires a provision-by-provision assessment. Relying on a broad, macro-level analysis of the Amendment could lead to legally unsound scenarios.

2. Hitendra Vishnu Thakur v. State of Bihar, (1994)

(i) A statute which affects substantive rights is presumed to be prospective in operation, unless made retrospective, either expressly or by necessary intendment, whereas a Statute which merely affects procedure, unless such a construction is texturally impossible, is presumed to be retrospective in its application, should not be given an extended meaning, and should be strictly confined to its clearly defined limits.

(ii) Law relating to forum and limitation is procedural in nature, whereas law relating to right of action and right of appeal, even though remedial, is substantive in nature.

(iii) Every litigant has a vested right in substantive law, but no such right exists in procedural law.

(iv) A procedural Statute should not generally speaking be applied retrospectively, where the result would be to create new disabilities or obligations, or to impose new duties in respect of transactions already accomplished

(v) A Statute which not only changes the procedure but also creates a new rights and liabilities, shall be construed to be prospective in operation, unless otherwise provided, either expressly or by necessary implication

There are 2 major issues in 2018 amendment case—
1. Reteospective or prospective application of held prospective.
2. Date of reckoning (which date will be considered for its application in contract— Date of contract or breach? held contract but this was not the issue in this case so as per the above article it is not the ratio but obiter.

#sra
@CurrentLegalGK

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🌟 #Question

Comment on the jurisprudential essence behind reservation, whether affirmative or punitive?

#Discernible_Topics
@CurrentLegalGK

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An Analysis Of Katta Sujatha Reddy (Part I) - Is The Specific Relief (Amendment) Act, 2018 A Prospective Or A Retrospective Legislation?
https://www.livelaw.in/articles/analysis-katta-sujatha-reddy-specific-relief-amendment-act-prospective-retrospective-legislation-272783

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🌟 How to Build the Trust of public in Judiciary

Topic for Essay-
'Trust Deficit - Eroding the Credibility of Judicial Institutions? Ways and Means to Combat the Truth Decay', 

💯☝️ By eradicating these points—

1. Unethical Conduct of Judge (Leaving judicial service to join elections etc.)

2. Corruption by Judtoce system (includes every officer dealing in justice system)

3. Clickbait journalism - misreporting, manufactured or fake news (social media, Content that comes in highlights for economic gains)

4. Misbehaviour by judges and court officials (favourstism towards advocates, litigants)

5. Perception of bias (Wrong Statements on sensitive topics like caste, gender, religion hints how they tackle cases involving them in other cases)

6. Perceived lack of transparency- Public has right to understand not only the outcomes but also the thought process behind outcomes (skeptical reasoning)

7. Dilution of separation of powers (encroachment from 3 organs for each other)

8. Delay in proceedings (delay in justice gives injustice to those who come here for jusrice, just opposite)


💐 Remedies— whenever problem is highlighted by you always come with solution

1. In-house procedures" being adopted in the High Courts and the Supreme Court to investigate complaints made against judges. (corruption) 

2. Implementation of a case management system, Prioritising urgent matters, doing away with adjournmment culture, automating adminstrative task (delay)

3. Principle of open justice- (Ancient time formula), live streaming but regulation of live streaming due to misuse by short clips.

4. Access to jusrice through Technology (e courts, video conferencing)

5.  Inclusivity for all sects of society (to remove prejudices and stereotypes to certain sects of society like LGBTQIA+

to add in it the role of suo motu in public outrage and national sensational cases also has a big role.

@CurrentLegalGK

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🤩🎁 LIST OF MOST IMPORTANT LANDMARK JUDGMENTS

1. /channel/CurrentLegalGK/1301

2. /channel/CurrentLegalGK/3787

3. /channel/CurrentLegalGK/3831

4. /channel/CurrentLegalGK/3917

These are Landmark judgments you must know the facts issues and ratio of all.

@CurrentLegalGK

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#MCQ by @CurrentLegalGK

Recently, the Supreme Court in ____ laid down crucial guidelines for the prevention of segregation and division of labour solely based on the caste of the prisoners in Prisons.

a. Sukanya Shantha v. Union of India

b. Sukanya Shantha v. State of Uttar Pradesh

c. Sukanya Shantha v. State of Bihar

d. Sukanya Shantha v. Union Ministry of Labour & Employment

Ans- A #Constitution
@CurrentLegalGK

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Very Obvious and easy point of law, which advocates know but still take the fees by giving false hopes to clients though sometimes it is seen even frivolous PILs are filed to do marketing.

"How is it possible for a student of online classes to confuse the movie Jigra with Jigra education?"

@CurrentLegalGK

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The bench noted that the Constitutionality of the provisions of the unamended Benami Transactions Act was never raised in the original proceedings. The only question which was framed by the bench which originally heard the matter was "whether the Prohibition of Benami Property Transactions Act, 1988 , as amended by the Benami Transactions (Prohibition) Amendment Act, 2016  has a prospective effect."
However, the bench in its conclusion held that the provisions  (Sections 3 and 5) of the unamended Act were unconstitutional.


"It is undisputed that there was no challenge to the constitutional validity to the provisions of then unamended Act. This is clear from the formulation of the question. In this view of the matter, the review has to be allowed. It is trite law that the challenge to the validity of a statutory provision cannot be adjudicated upon in the absence of a live lis or a contest. The issue of constitutional validity was not sufficiently addressed," the bench noted.


@CurrentLegalGK

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No Indian working in India has won a science Nobel in 94 years: Here’s why 🔗
#explained_sci_tech #express_explained

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🌟 Jurisdiction in Code of Civil procedure, 1908 (CPC)

Use it to enhance your answers a bit, include more law and cases in long answers rather than explaning each point in very detail.

@CurrentLegalGK

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👨‍⚖️ Haan sahi suna Famous H.R. Khanna inke Uncle the jaise D.Y. Chandrachud ke Father Y.V. Chandrachud.

Same era 🙂

Landmark Judgments- Electoral Bonds, Article 370 and so on... read ☝️

@CurrentLegalGK

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Keep following the arguments, very delicate issue.

@CurrentLegalGK

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🎮🎲🃏 I think we need a game like this or better than this for Indian Supreme court as well.

At least a good way to educate today's generation, bcz in a way almost everyone play video games.

@CurrentLegalGK

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Supreme Court Upholds Validity Of S.6A Of Citizenship Act Recognizing Assam Accord By 4:1 Majority
https://www.livelaw.in/top-stories/supreme-court-upholds-validity-of-s6a-of-citizenship-act-recognizing-assam-accord-by-41-majority-272689

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⚠️✍️ #Answer_writing

Punctuation Importance

Example:
1. The criminal said the judge was an idiot.
2. The criminal, said the judge, was an idiot.


💯 The criminal is speaking in the first sentence. The judge is speaking in the second.

Reading bare act also requires attention to punctuation especially commas.

Can you mention 5 ounctuation marks and their use while writing answers.

@CurrentLegalGK

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🌟 T. Barai v. Henry Ah Hoe, 1983

😊✅ Accused can get the benefit of lesser punishment under the new law (usually Amendment) other than the law in which he was convicted.

@CurrentLegalGK

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An Analysis Of Katta Sujatha Reddy (Part II) - Should The Application Of The Specific Relief (Amendment) Act, 2018 Be Determined Based On The Date Of Transaction Or The Date Of Cause Of Action?
https://www.livelaw.in/articles/analysis-katta-sujatha-reddy-application-specific-relief-amendment-act-determined-based-date-transaction-date-cause-action-272786

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🌟 SENSITISATION MODULE FOR THE JUDICIARY ON LGBTQIA+ COMMUNITY

1. Read Whole Index properly
2. Page 7 to 14
3. Page 34
4. Page 47- 57
5. Page 57- 61
6. Page 67, 71, 74 (for marriage see Supriyo v. UOI, 2023)

Important Material for Legal Essay on Homosexual or LGBTQ or vulnerable geoups of community.

@CurrentLegalGK

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Trust Deficit In Judiciary Might Push People To Vigilantism & Mob Justice, Which Will Erode Rule Of Law : Justice BR Gavai
https://www.livelaw.in/top-stories/justice-br-gavai-gujarat-annual-conference-judicial-officers-institutional-perspective-self-evaluation-and-self-evolution-272981

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Answer with Reason

#MCQ #TPA
@CurrentLegalGK

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🌟 Strategy Shared by Himanshu for UGC NET/JRF - Paper 1 and 2 both


On the Occasion of 20k Subscribers, we are sharing this

Thankyou so much everyone.
Waise meri koi khas strategy nahi thi.

Judiciary ki prep me law (paper 2) cover ho gya .

For paper 1
Two sources I followed
1. KVS MADAAN BOOK
2 YT lectures of Kumar Bharat

For paper 2
Since i started after rjs pre setbacks, so approx 1.5 month i had that time.

At first i read bare act of subjects. But it was too time taking, so i just read yg law pdf for paper 2 twice. Undoubtedly it is good , but you must also read bare act along with YG law notes.

Basic mistake which we all do, read all subj with equal dedication, kuch subj me 1-2 ques aane hai , ya toh bahut easy puchenge ya bahut tough, so unpr kam focus kro.

First of all take analysis of subject , which subject has more weightage n which has less.
Thereafter for 1-2 marks weightage subj , just go through the imp area of those .
For rest you may read whole.

I also shared my last attempt prep with my frnds, i made things simple jo padho dedication se padho.
Agar judiciary me apne ache se mehnat ki hai + you have pcm(giving edge in paper 1) toh net easy hai.
Jrf me extra effort toh lagega hi so uske according apne ko aur push kr do.

All the best to everyone.

And for me journey is successful only when i reach my destination- JUDICIARY 😍

@CurrentLegalGK

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Supreme Court Refuses To Entertain Plea To Stall Release Of Alia Bhatt's Movie 'Jigra' Over Alleged Trade Mark Infringement
https://www.livelaw.in/top-stories/supreme-court-refuses-to-entertain-plea-to-stall-release-of-alia-bhatts-movie-jigra-over-alleged-trade-mark-infringement-272902

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BREAKING| Supreme Court Recalls Its Judgment Which Struck Down Sections 3 & 5 Of Benami Transactions (Prohibition) Act 1988
https://www.livelaw.in/top-stories/supreme-court-recalls-its-judgment-which-struck-down-sections-3-5-of-benami-transactions-prohibition-act-1988-272802

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Bangladesh tribunal issues arrest warrant against Sheikh Hasina: Can she be extradited from India? 🔗
#bangladesh #express_explained #extradition #sheikh_hasina

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🥳 Congratulations 🎉

Himanshu Ji for Clearing UGC J.R.F.

Joined- Exclusive 5 years paid course in our premium institute.

Results still counting..... (No one is there 🙂)

Jokes Apart Himanshu is really deserving and intelligent member, will become Civil Judge soon.

@CurrentLegalGK

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Know Your Judge: Justice Sanjiv Khanna | SCC Times
https://www.scconline.com/blog/post/2024/05/14/know-your-judge-justice-sanjiv-khanna-supreme-court-of-india-legal-news/

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Pleas Challenging Marital Rape Exception : Live Updates From Supreme Court
https://www.livelaw.in/top-stories/pleas-challenging-marital-rape-exception-live-updates-from-supreme-court-272707

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🌟 CAA CONSTITUTIONAL?

Section 6A of the Citizenship Act 1955 allows foreign migrants of Indian origin, who came to Assam after the 1st January, 1966 but before the 25th March 1971, to seek Indian citizenship. The provision was inserted in 1985 following the Assam Accord, an agreement entered into between the Government of India and the leaders of the Assam movement who had protested for the removal of illegal migrants who entered Assam from Bangladesh.


Justice Kant Conclusions—

1. Immigrants who entered Assam before the date of January 1, 1966, are deemed to be Indian citizens.

2. Immigrants who entered Assam between the dates January 1, 1966, and March 25, 1971, are entitled to seek Indian citizenship provided they fulfil the eligibility criteria.

3. Immigrants who entered Assam on or after March 25, 1971, are declared to be illegal immigrants and are liable to be detected, detained and deported.


Reasoning- CJI DY Chandrachud in his judgment said that the Assam Accord was a political solution to the problem of illegal migration and Section 6A was the legislative solution. The majority held that the Parliament had the legislative competence to enact the provision. The majority held that Section 6A was enacted to balance the humanitarian concerns with the need to protect the local population.


Dissent- Justice Pardiwala (efflux of time made 6A unconstitutional and held it prospective unconstitutional)

Justice Pardiwala opined that the cut-off date of 01.01.1966 was set to assuage the apprehensions of the protesters. The legislature could have simply conferred deemed citizenship to anyone who entered before 1971. But the very fact that a statutory category was created from 1966 to 1971 subject to a stricter condition (no voting rights for 10 years) would mean that conferment of citizenship was not the only objective and it was in fact to pacify the Assam people that such inclusion would not impact the then upcoming elections in the state.


@CurrentLegalGK

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Washington Post says Amit Shah and senior R&AW official authorised covert operations in Canada - The Hindu
https://www.thehindu.com/news/international/washington-post-says-amit-shah-and-senior-raw-official-authorized-covert-operations-in-canada/article68757847.ece

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