π²Contact β> @CurrentLegalGKBOT π¨ββοΈ Setting Precedents: Relevancy and Reinvigoration. You will get awesome legal issues answered, occasional tips on skills, case briefs, and latest laws explained. π§ For Daily Quiz β> @LegalQuizzes β³πEnjoy_Learning
2:1 π
The question of law is not that difficult at least for supreme court judges to have split verdicts.
Dissent creates doubts π
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π― Presumption of Innocence
In the famous case of Woolmington v. Director of Public Prosecutions, 1935 this principle was referred to as βgolden thread principle of criminal lawβ.
The Presumption of Innocence is a recognized principle of criminal law in our country. Section 101 and 106 of the Indian Evidence Act of 1872 talk about the burden of proof, but not whether such burden is upon the
Prosecution or Defense. However, The Indian Judiciary has recognized
presumption of Innocence under Article 20 and 21 of the Constitution.
The presumption of innocence is rebutted in two cases β
Firstly, when there is express statutory provision reversing the burden of proof, (POCSO, DOWRY, PCPNDT) and
β‘Secondly, when the accused appeals against the judgment of a lower court wherein his presumption is that of guilt and not innocence.
Honβble Apex Court in the case of
P. N. Krishnalal v. Government of Kerala 1995 held that the presumption of innocence is not a constitutional guarantee and can be dispensed with by legislative imperatives and action.
M/s Seema Silk and Sarees v. Directorate of Enforcement 2007 it was observed-
βReverse burden as also statutory presumptions can be raised in several statutes as, for example, the Negotiable Instruments Act, Prevention of Corruption Act, TADA, etc. Presumption is raised only when certain foundational facts are established by the prosecution.
Foundational Facts in section 29 POCSO
Subrato Biswas VS. State of West Bengalο»Ώ
CRA 011/2018 Cal.SDB dated 11-06-2019
βA Proper interpretation 0s Section 29 is that Prosecution
is absolved from proving its case beyond reasonable doubt
but is only required to lead evidence to establish
ingredients of offence on a pre-ponderance of probability.
Only when Prosecution lays foundation of its case by
leading cogent and reliable evidence, the onus shifts on
Accused to prove the contrary. If Prosecution fails to do so, no question arises of invoking Section 29. Any other interpretation would lead to absurdity and
render the section Constitutionally suspect.β
Unsoundness Of Mind vs. Mental Retardation: Delhi High Court Explains Medical And Legal Differences
https://www.livelaw.in/high-court/delhi-high-court/unsoundness-of-mind-vs-mental-retardation-delhi-high-court-explains-medical-and-legal-differences-293397
If Arrest Is Made On Warrant, No Separate Grounds Of Arrest Need To Be Given : Supreme Court
https://www.livelaw.in/supreme-court/if-arrest-is-made-on-warrant-no-separate-grounds-of-arrest-need-to-be-given-supreme-court-293353
THE CONSTITUTION ACTS
1867 to 1982 CANADA
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Constitution of USA
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What are the legal rights of children born from 'Kareva' marriage? Delhi High Court to examine
A 'kareva' marriage is a marital alliance with the widow of one's brother and is practised among certain communities in North India.
https://www.barandbench.com/news/what-are-the-legal-rights-of-children-born-from-kareva-marriage-delhi-high-court-to-examine
Sharing the numbers of Judgments which are important for lazy people like meπ
1, 2, 3, 4, 5, 8, 10, 11, 13, 15
Oaths Act 1969
I do swear in the name of God (or solemnly affirm)
that what I shall state shall be the truth, the whole truth and
nothing but the truth.
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Judicial Contradictions And The Fragility Of Circumstantial Evidence β A Case Study Of Ramkirat Munilal Goud V. State Of Maharashtra
https://www.livelaw.in/articles/supreme-court-judgment-ramkirat-munilal-goud-vsstate-of-maharashtra-case-study-293217
Translate the following passage into Hindi: (up cj 2018)
Even during the brief span of our lives, we have seen these two forces at play in India and the world at large-the forces of constructive and creative effort and the forces of destruction. Which will triumph in the end? And on which side do we stand? That is a vital question for each one of us, and, more especially, for those from whom the leaders of the nation will be drawn, and on whom the burden of tomorrow will fall. We dare not sit on the fence and refuse to face the issue. We dare not allow our minds to be befuddled by passion and hatred when clear thought and effective action are necessary.
#Translation@CurrentLegalGK
β‘ Test for Doctrine of Severability
R.M.D. ChamarbaugwallaΒ
Β Β Β Β Β Β Β Β Β Β Β Β Β Β v.
Β Β Β Β Union of India
Β Β Β Β Β Β Β Β Β Β 1957
1. Foremost Question:
Whether the legislature would have enacted the valid part if it had known that the rest of the statute was invalid.
2. If the valid and invalid provisions are so 'inextricably' mixed up that they cannot be separated fromΒ another, then the invalidity of a portion must result in the invalidity of the Act in its entirety. On the other hand, if they are so distinct and separate that after striking out what is invalid, what remains is in itself a complete code independent of the rest, then it will be upheld notwithstanding that the rest has become unenforceable.
3. Single scheme to work as whole:
Even when the provisions which are valid are distinct and separate from those which are invalid, if they all form part of a single scheme which is intended to be operative as a whole, then also the invalidity of a part will result in the failure of the whole.
4. Thin and Truncated:
Likewise, when the valid and invalid parts of a statute are independent and do not form part of a scheme but what is left after omitting the invalid portion is so thin and truncated as to be in substance different from what it was when it emerged out of the legislature, then also it will be rejected in its entirety.
5. The separability of the valid and invalid provisions of a statute does not depend on whether the law is enacted in the same section or different sections.
6. Judicial Legislation:
If after the invalid portion is expunged from the statute what remains cannot be enforced without making alterations and modifications therein, then the whole of it must be struck down as void, as otherwise it will amount to judicial legislation.
7. How to determine the legislative intent:
It will be legitimate to take into account the history of the legislation, its object, the title and the preamble to it.
This judgment is relied on in
"Union of India v. Rajendra N Shah 2021" {validity of 97th constitutional amendment (cooperative societies) }
Article 13
#Constitution@CurrentLegalGK
#Question@CurrentLegalGK
What is the difference between 'Shown' and 'Proved' in Bhartiya Sakshya Adhiniyam, 2023.
50 Words.
No Lunatic Can Be Convicted As He Can't Exercise Right To Defend Under Article 21 : Supreme Court
https://www.livelaw.in/top-stories/no-lunatic-can-be-convicted-as-he-cant-exercise-right-to-defend-under-article-21-supreme-court-293215
(a) Meaning and concept of Social Transformation
(b) Law as an Instrument of Social Change
(c) Law as the product of traditions and culture
Tools of Social Transformation
(a) Religion as a divisive factor Secularism as a solution.
(b) Language Policy of India.
(c) Linguistic States-Problems and Perspectives
(d) Regionalism-Problems and perceptions-Constitutional Philosophy
Constitution and Protective Groups
(a) Concessions to Women and Children.
(b) Reservations to Scheduled Castes and Tribes
(c) Status of Physically Challenged People
(d) Religious Minorities.
(e) Legislative Measures to uplift the Protective Groups
Social Transformation and Democratic Process
(a) Political Parties Constitutional and Legal Position
(b) Trends in the Growth and Functioning of Political Parties
(c) Problems in the Functioning of Political Parties Corruption Nexus with anti-social elements-Inner Party Democracy
(d) Role of the Election Commission
Role of Legal Institutions, Law and Social Transformation
(a) The Role of Law Commission in Transforming the Law
(b) The Role of Judiciary in Expanding the horizons of Law New Rights Philosophy Public Interest Litigation
(c) Role of Legislature and Executive in reforming the Law-Agrarian Reforms-Industrial
Reforms-Prison Reforms-Plea Bargaining
(f) Lok Adalats and Legal Aid Cells
(g) Right to Information Problems and Perspectives
Alternative Approaches to Law
(a) The Jurisprudence of Sarvodaya-Gandhiji, Vinoba Bhave, Jayapraksh Narayanan
(b) Socialist Thought on Law and Justice-The Philosophy of M.N. Roy
c) Naxalite and Anti Insurgent Movements-Causes and Cure
(d) Effectuation of Fundamental Duties
(e) Concept of Gram Nayalas
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Air Force School Not A 'State' Under Article 12; Teachers' Writ Petitions Against Dismissals Not Maintainable: Supreme Court
https://www.livelaw.in/top-stories/supreme-court-rules-air-force-school-not-state-article-12-of-constitution-293408
In the case at hand, since the accused was suffering with mental retardation, the High Court held that the Sessions Court ought to have complied with procedure under Section 330 CrPC, before ordering his release after discharge.
State v Neeraj 2025
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βIf a person is arrested on a warrant, the grounds for reasons for the arrest is the warrant itself; if the warrant is read over to him, that is sufficient compliance with the requirement that he should be informed of the grounds for his arrest.β,Β
Π§ΠΈΡΠ°ΡΡ ΠΏΠΎΠ»Π½ΠΎΡΡΡΡ…Public Law -- Mark Elliott; Robert Thomas, juriste) -- 3rd edition, Oxford, 2017
Best book on UK constitution
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Commonwealth of Australia Constitution Act (The Constitution)
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ALLAHABAD HIGH COURT LAW CLERK 2024 EXAM
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M. C. Verghese v. T.J Poonan 1969
Priveleged communications during marriage.
If someone finds trial court judgment, after remand by SC in this case to magistrate, then share please.
#BSA@CurrentLegalGK
30_important_judgments_and_orders_of_Justice_Abhay_S_Oka_as_Supreme.
Π§ΠΈΡΠ°ΡΡ ΠΏΠΎΠ»Π½ΠΎΡΡΡΡ…A story based Article on case study.
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Calling Hardworking Woman's Earning 'Haraam Ka Maal' Insults Her Modesty: Delhi Court Convicts Man U/S 509 IPC
https://www.livelaw.in/news-updates/delhi-court-509-ipc-conviction-insult-woman-modesty-haraam-293258
π«‘π¨ββοΈ Within 3 Days 60 Days i.e. 2 months will be completed.
I have seen an astounding drop in numbers but still see 5 to 6 members with continued perseverance.
Keep it up, competition kum hua π
Whistle Blowers Protection Act 2014 (Whistle Blower Protection Act)
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βΒ The law lays down that no act done by a lunatic is an offence. The reason is that a lunatic is not in a position to defend himself. Right to defend a charge for an offence is a fundamental right guaranteed under Article 21 of the Constitution of Indiaβ, the Court observed.
Section 84 IPC / Section 22 BNS
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π Minor Acts Landmark cases
β Landmark cases on Registration Act
β Landmark Cases on Court fees Act
β Landmark Cases on Stampt Act
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Law and Social Transformation.pdf
Π§ΠΈΡΠ°ΡΡ ΠΏΠΎΠ»Π½ΠΎΡΡΡΡ…