🌟 Self Incrimination article 20(3) and admissibility of forensic evidence

1. Ordinarily 3rd person (not accused, party or witness) Opinion is a hearsay but here it is expert opinion thereby getting admissibility.

2. DDT (deception detection tests) polygraph, brain mapping and narco Analysis are scientific means of procuring info from accused himself.

3. Principles behind Forensic science evidences.
✓ Individuality of every evidence found in each case.
✓ Locard's exchange principle (when 2 or more objects comes into contact with each other) Every contact leaves a trace
✓The principle of progressive change states that all objects change over time, and that the appearance of an object will change over time. The rate of change can depend upon the object.
✓ Facts Don't lie and ultimate object is discovery of fact.
✓ Principle of comparison i.e. always keep in mind that only likes can be compared.

4. Value of forensic science evidence- Gr8 aid to IO bcz even a single connection of accused with crime/scene helps a lot.

5. Though Forensic evidence or exoert testimony cannot be the sole criteria to convict however to fulful the criteria of beyond reasonable doubt it plays much important role.

https://www.youtube.com/live/wWW2tEgpU6w?feature=shared

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Article 14 Can't Be Invoked To Repeat Illegality Committed In Favour Of Someone : Supreme Court
https://www.livelaw.in/supreme-court/article-14-cant-be-invoked-to-repeat-illegality-committed-in-favour-of-someone-supreme-court-275184

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Compassionate Appointment Is Not A Vested Right : Supreme Court
https://www.livelaw.in/supreme-court/compassionate-appointment-is-not-a-vested-right-supreme-court-275176

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#Question_@CurrentLegalGK

Under Indian Contract Actz 1872, where can the Rule of estoppel and privity of comtract is mentioned

.

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Explain the difference in the gravity of burden of proof in Defamation cases whether it is different from other cases & whether it is different in libel and slander.

#Question@CurrentLegalGK

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#Answer@CurrentLegalGK

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#Question@CurrentLegalGK

Power of further investigation in CrPC vests with Police? or Police requires an order from the court?

Always answer as if you are answering Mains question;
fun fact is that here u don't have to write only type 📱

@CurrentLegalGK

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Maintainability Of Second Protest Petition Depends On How First Complaint Against Negative Final Report Was Dismissed : Supreme Court
https://www.livelaw.in/supreme-court/maintainability-of-second-protest-petition-depends-on-how-first-complaint-against-negative-final-report-was-dismissed-supreme-court-274366

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💰🤑🚰 PMLA Law Explained in Brief

Hardly 12 Mins core watch switch to ×1.25

https://youtu.be/2D2qLN4a6lU?feature=shared

UN Convention on Drug Trafficking
Extraterritorial Jurisdiction
criminal must not be allowed to enjoy the fruits of crime.
FATF
scheduled offences (big List) and proceeds of crime.
PMLA and enviornment/ control of climate change (scheduled offence, eg. illegal mining proceeds)
Whether ED bound by CrPC arrest provisions?

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🌟 #Question

A signs a contract with B (painter) that you can paint my home I will give you money, now A gave advance money and B who is painter wants to paint the home but is not allowing him.

Is this a breach of Contract?

@CurrentLegalGK

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💰🪙 Doctrine of 1st Sale under Trademark Act

Section 30(3) of the Trade Marks Act, 1999, establishes an important facet of trademark law and that is - when someone lawfully acquires goods bearing a registered trademark, any subsequent sale or dealing with those goods, whether by that individual or another person acting through them, does not constitute trademark infringement.

However

Section 30(4) clarifies that this protection does not apply if there are legitimate reasons for the trademark owner to restrict further sales, particularly if the goods' condition has been altered or impaired after their initial sale.

#IPR
@CurrentLegalGK

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🌟 Basics of Criminal Trial in 10 Parts by Former Justice V Ram kumar

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Justice DY Chandrachud's Judgments On Socio-Economic Justice, Gender Equality, Reproductive Rights, Child Welfare & Disability Rights
https://www.livelaw.in/top-stories/justice-dy-chandrachuds-judgments-on-socio-economic-justice-gender-equality-reproductive-rights-child-welfare-disability-rights-274783

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#Question #Answer_writing

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"Bulldozer justice is simply unacceptable under the rule of law. If it were to be permitted the constitutional recognition of the right to property under Article 300A would be reduced to a dead letter,"

Re Manoj Tibrewal Akash, 2024

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"The very idea of equality enshrined in Article 14 is a concept clothed in positivity based on law. It can be invoked to enforce a claim having sanctity of law. No direction can, therefore, be issued mandating the State to perpetuate any illegality or irregularity committed in favour of a person, an individual, or even a group of individuals which is contrary to the policy or instructions applicable. Similarly, passing of an illegal order wrongfully conferring some right or claim on someone does not entitle a similar claim to be put forth before a court nor would court be bound to accept such plea. The court will not compel the authority to repeat that illegality over again.

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🌟 10 controversial myths and truths about Jawaharlal Nehru revealed

https://dainik.bhaskar.com/xqDwwtMhvOb

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What Supreme Court said about ‘bulldozer justice’ 🔗
#express_explained #supreme_court

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The-Discovery-Of-India-Jawaharlal-Nehru

👦 HAPPY CHILDREN'S DAY

Teacher's Day kitne hi bade hojao celebrate hota hai children's day below 18 hi hota hai 😁

#Books_@CurrentLegalGK

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🌟 Supreme court equity Jurisdiction

@CurrentLegalGK

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🌟 Answer to above Question

✓ Division Bench judgment hai.

If you find some another case on this point do mention it 🙂

I hope this judgment will make it clear S. 173(8) crpc

✍️ 😎 Read answer along with new changes under BNSS (peethambaran v. state of kerala brief)

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Can 2 Complaints be filed on same allegations?
🌟🌟 Subrata Choudhury @ Santosh Choudhury Vs. The State of Assam, 2024

Answer: Yes and No

Let's understand legal background—

✅ Essentials of Complaint

Abhinandan Jha v. Dinesh Misra, 2021

(i) An oral or written allegation;
(ii) That some person(s) known or unknown has committed an offence;
(iii) It must be made to a Magistrate with a view to his taking action.

{Reason May be his willingness is necessary for participation in trial, even in FIR cryptic information is not treated as FIR} or (mere info. of offence is not complaint)

✅ Courses available with Magistrate on recieving Police report (Facts of case- closure report- protest petition- complaint)

Bhagwat Singh v. Commissioner of Police, 2021

1. To accept the report and to drop the proceedings;
2. To direct further investigation to be made by the police.
3. To investigate himself or refer the investigation to be made by another Magistrate under Section 159, Cr.P.C., and
4. To take cognizance of the offence under Section 200, Cr.P.C., as private complaint when materials are sufficient (as above) in his opinion as if the complainant is prepared for that course.

Protest Petition (disapproval of closure report) must have essential ingredients of complaint in order to beocme complaint

🌟🌟🌟Second Complaints can be filed on same facts subject to—

Samta Naidu v. State of Madhya Pradesh, 2020 (discussed various precedents)

1. Depends on how Earlier complaint was rejected or dismissed as dissuced in various cases, when allowed and when not.

2. Para 27 of Subrata, 2024— Bearing in mind the exposition of law in Samta Naidu’s (supra) If earlier disposal of the complaint was on merits and in a manner known to law, the second complaint on ‘almost identical facts’ which were raised in the first complaint would not be maintainable. “If the core of both the complaints is same, the second complaint
ought not to be entertained,”

📸 Ravinder singh v. sukhbir (another case cited)
Frustrated litigant should not be permitted to give vent to his frustration and person be permitted to unleash vendetta to harass any person needlessly.

Though different situation but This same principle is in my opinion applied in 223 BNSS to give accused an opportunity of being heard before taking cognizance, to not let anyone harras any person needlessly.

@CurrentLegalGK

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🌟 Evidence gained by Illegal search and seizure, admissibile or not?


A police officer illegally breaks into a house belonging to a suspect (in an incident unrelated to any investigation) but stumbles upon a crucial piece of evidence (say, a blood-stained knife which looks like a murder weapon, or a forged letter of credit). Now, there’s no doubt that this rather enterprising police officer has committed a crime (housebreaking/trespass, amongst others) but would the evidence seized still be admissible in a court of law? Or would it be termed what we lawyers call the ‘fruits of a poisonous tree’ and eschewed from consideration being inadmissible? Is it true that, even if something is admittedly stolen, it is still admissible in evidence?...

https://www.scconline.com/blog/post/2020/06/15/rethinking-the-fruits-of-the-poisonous-tree-doctrine-should-the-ends-justify-the-means/
Telegram- @CurrentLegalGK

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Revisional Jurisdiction Of Criminal Courts: Constricted?
https://www.livelaw.in/articles/understanding-revisional-jurisdiction-of-criminal-courts-crpc-and-bnss-258906

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🌟Bunty Chor (smart thief)

https://youtu.be/fNgq5QNWyt0?feature=shared


https://www.hindustantimes.com/india-news/bunty-chor-who-inspired-oye-lucky-lucky-oye-film-arrested-again-101681455901532.html

😁@CurrentLegalGK

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First Sale Doctrine: Addressing Infringement By Tampering of Trademarks
https://www.livelaw.in/law-firms/law-firm-articles-/trade-mark-first-sale-proprietor-ipr-right-to-health-wipo-patanjali-ayurved-delhi-high-court-ss-rana-co-274697

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Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– October 2024
https://www.livelaw.in/top-stories/latest-bns-and-bnss-judgments-digest-october-2024-274733

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CG HJS paper 2.pdf

Credits to R.K. JAIN sir

@CurrentLegalGK

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📸 Documentary on 75 Years of Independence

@CurrentLegalGK
https://youtu.be/p2PLwewjh5Y?si=Cw0cOLGSD7jmPeYb

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Constitution Bench Judgments Of Justice DY Chandrachud
https://www.livelaw.in/top-stories/constitution-bench-judgments-of-justice-dy-chandrachud-274755

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