๐ฒContact โ> @CurrentLegalGKBOT ๐จโโ๏ธ Setting Precedents: Relevancy and Reinvigoration. You will get awesome legal issues answered, occasional tips on skills, case briefs, and latest laws explained. ๐ง For Daily Quiz โ> @LegalQuizzes โณ๐Enjoy_Learning
LEGAL STATUS OF OLFACTORY MARKS UNDER THE TRADEMARK LAW REGIME
https://www.livelaw.in/articles/beyond-the-smell-prototype-or-facsimile-a-call-for-legal-resort-294040
@CurrentLegalGK
I HOPE EVERY CURRENT VACANCY JUDICIARY ASPIRANT IS WORKING HARD DAY AND NIGHT
เคฏเคพเคฆ เคฐเคนเฅ เคเคฟ เคเคช เคฌเคพเคฆ เคฎเฅเค เคชเคเคคเคพเคตเคพ เคจเคพ เคเคฐเฅ
Charge your engine & set the gear on top.
The Supreme Court, inย RBI v. Bhopal Singh Panchalย (1994), observed:ย "Expressions like 'honorable acquittal,' 'acquitted of blame,' and 'fully exonerated' are alien to the Criminal Procedure Code or the Penal Code. They are judicial constructs. Defining 'honorable acquittal' is challenging, but when an accused is acquitted after full consideration of the prosecution's case, and the prosecution fails miserably to prove the charges, it can be said that the accused was honourably acquitted."
This distinction is limited to service law and is not present in criminal jurisprudence but it affects those who are given honorable acquittal due to social stigma and no automatic reinstatement in jobs etc..
Basically people who are acquitted due to benefit of doubt or procedural lapses their image is set in society as rule of wrong trial and those who are honorably acquitted they are seen with that lens and gets that unfair treatment (generalisaion fallacy)
@CurrentLegalGK
Mangoโs chemistry and history: what gives it its distinct aroma; its link to the Buddha and Babur ๐
#explained_culture #express_explained #mango #summer_fruits
Kafka Meets Code: A Law And Economic Analysis Of AI In Litigation And Justice Delivery
https://www.livelaw.in/articles/kafka-meets-code-law-economic-analysis-ai-litigation-justice-delivery-293999
Yearly Digest 2024 MP High Court.
ILR journal
@CurrentLegalGK
โ๏ธ Landmark Judgments on Juvenile Justice POCSO, MTP, Child Marriage and Child labour.
https://mphc.gov.in/jjc/important-judgments
Santosh Kumar Aggarwal
v.
Orissa High Court, Cuttack
2024
Case related to application of Guidelines for complaints against judicial officer.
Complaint of judicial officer to particular Registrar of concerned High Court or to CPGRAM portal.
#BeingJudge@CurrentLegalGK
No Temporary Injunction Can Be Granted In Appeal Against Rejection Of Plaint : Supreme Court
https://www.livelaw.in/supreme-court/no-temporary-injunction-can-be-granted-in-appeal-against-rejection-of-plaint-supreme-court-293967
what is this LLC?
comment ๐
@CurrentLegalGK
The majority opinion authored by Justice DY Chandrachud in Puttaswamy lays down the legitimate interest test whereby to intervene with a person's privacy, the first prong of the test says there must be a law. The requirement of a 'law' is also an explicit condition of Article 21 (from which the right to be forgotten vis-ร -vis privacy emerges) to restrict the right. Without any law in operation, constitutionally, there cannot be any intervention with the right. The second arm of the test states that there must be a legitimate aim or legitimate object if the state wants to enact a law. The state may have particular objectives to intervene with the said right, but such objectives must be legitimate, non-arbitrary, and reasonable. Lastly, the legitimate aim of the state and the means adopted to fulfil those objectives must be proportionate with the right to privacy. The extent of intervention with the right to privacy must not dilute the right from its existence. Unrestricted intervention violates a person's right to be forgotten and the right to be left alone.
@CurrentLegalGK
So those who were asking that what will happen to state amendments in CrPC, IEA, IPC, though the answer was already mentioned last year itself, but still you have a judgment which says state amendments are impliedly repealed by enactment of new criminal laws.
Because the main enactment is repealed then why state amendments which are there in main enactment will still be in enforce it is impossible, right?
Even if presidential assent was taken for state amendment
Essential Elements Of Valid Legal Notice : Supreme Court Explains
https://www.livelaw.in/supreme-court/essential-elements-of-valid-legal-notice-supreme-court-explains-293889
In Acquittal Due To Compromise/Hostile Witness, Unjustified For Authorities To Put Honourable Acquittal Test In False Cases: Madhya Pradesh HC
https://www.livelaw.in/high-court/madhya-pradesh-high-court/madhya-pradesh-high-court-ruling-honourable-acquittal-compromise-between-parties-and-hostile-witnesses-case-276340
The Horizons Of Privacy And The Right To Be Forgotten
https://www.livelaw.in/columns/constitution-of-india-aadhar-case-right-to-privacy-183144
1. When a Fact is Said to be Proved?
โLaw does not require that a fact requires to be proved on absolute terms bereft of all doubts.ย What law contemplates is that for a fact to be considered proven, it must eliminate any reasonable doubt. Reasonable doubt does not mean any trivial, fanciful or imaginary doubt, but doubt based on reason and common sense growing out of the evidence in the case.ย A fact is considered proved if the court, after reviewing the evidence, either believes it exists or deems its existence probable enough that a prudent person would act on the assumption that it exists.โ,
2. Motive must in a case based on Circumstantial evidence?
โThe law is now well-settled that while proof of motive certainly strengthens the prosecution case based on circumstantial evidence, failure to prove the same cannot be fatal.โ, the court said, referring toย
G. Parshwanath vs. State of Karnataka 2010
3. Silence Of Accused Towards Recovery Of Incriminating Evidence Strengthens Prosecution's Case (adverse inference when accused is silence and offers no explanation on recovery of weapon from him but still the burden is on prosecution and prisecution cannot rely on false defence plea)
4. Why motive is difficult to prove and how to prove it?
As Motive remains hidden in the deep recess of the mind of the person concerned and in the absence of any open declaration by the person concerned himself, the motive has to be inferred from the activities and conduct of the person.โ
@CurrentLegalGK
CURRENT REGULATIONS FOR AI IN LEGAL SECTOR
๐ฌ๐ง Cautious permission, like in the UK, where the Solicitors Regulation Authority has allowed AI-assisted advice but with disclosure obligations.
๐ฉ๐ช Outright restrictions, like in Germany, where AI-generated legal documents must be vetted by a licensed attorney.
๐บ๐ฒ Open experimentation, as in parts of the US, where AI has already been used in bail hearings and administrative courts, though not without backlash.
๐ฎ๐ณ India has so far taken a regulatory sandbox approach, no formal prohibitions, but no specific permissions either. The NITI Aayog's 2021 discussion paper on Responsible AI calls for "sectoral co-regulation", which would include bar councils, judiciary, and private platforms working together to set norms. But no such initiative has yet materialised for legal AI.
๐ค There must be a regulation by bar council of India as well as High courts for judges for professional misconduct related to AI in precedent citing or use of extreme AI on evidence tampering etc.
โก AI can be helpful in Case management- transparency between client and advocate, access to legal aid 39A, transcription/translation accuracy (current system has 38% accuracy), better precedent finding analysis without errors if integrated with softwares like SCC Manupatra etc.. and Summarising long documents to avoid document dumping strategy, save time thereby cost and can aid in preserving Article 21 (Hussainara Khatoon v. Bihar, 1979)
@CurrentLegalGK
Sheikh Hasina charged with crimes against humanity: The court in question, what she is accused of ๐
#1971_bangladesh_war #explained_global #express_explained #sheikh_hasina
A Legal Cheshire Cat Named 'Honorable Acquittal'
https://www.livelaw.in/articles/a-legal-cheshire-cat-named-honorable-acquittal-293887
๐ฌ๏ธ๐ฌ Check your lungs health in one minute
:
31st May, On Anti Tobacco Day, know why Jahangir had banned smoking, more deaths due to passive smoking than murders
https://dainik.bhaskar.com/XuWUhqEZMTb
K. Ramakrishnan v. State of Kerala
1999
~Justice K. Narayana Kurup
Smoking in any form in Public violates Article 21
POCSO 10 years Report.
Page 50 onwards landmark judgments on POCSO which must be read anyhow.
MP HIGH COURT 2024 LANDMARK JUDGMENTS
Joti Journal
@CurrentLegalGK
Laws governing services of Judicial Officers and Protection to judges.
Summary: https://ijtr.nic.in/webjournal/11.htm
#BeingJudge@CurrentLegalGK
Failure To Prove Motive Not Fatal To Prosecution Case Based On Circumstantial Evidence : Supreme Court
https://www.livelaw.in/supreme-court/failure-to-prove-motive-not-fatal-to-prosecution-case-based-on-circumstantial-evidence-supreme-court-293945
POSH Act : States/UTs File Affidavits In Supreme Court Regarding Compliance With Directions To Form LCC, District Officers Etc
https://www.livelaw.in/supreme-court/posh-act-statesuts-file-affidavits-in-supreme-court-regarding-compliance-with-directions-293951
โก Important for Practicing advocates
Essentials of a Valid Legal Notice
a. It should contain a clear and concise set of facts which convey the information leading to the relevant circumstances. This element is also fulfilled when reference is made to any earlier communications issued between the concerned parties;
b. It should convey the intimation of any impending legal obligation or breach committed by any party;
c. It should convey the intention of the party issuing the communication to hold the other party liable to appropriate legal action or charge; and
d. The communication in toto must be unambiguous and should not mislead or suppress material information. If issued under a Statute, it must comply with the relevant requirements prescribed therein as well.โ
@CurrentLegalGK
'CrPC (UP Amendment) Act 2018' Containing Restrictions On Grant Of Anticipatory Bail Stands Impliedly Repealed By BNSS: Allahabad HC
https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-bnss-repealed-crpc-up-amendment-act-2018-restrictions-grant-anticipatory-bail-293890
Read with earlier judgments
/channel/CurrentLegalGK/3631
1. Hostile witness, whether honourable acquittal?
2. Benefit of doubt mentioned in judgment, whether honourable acquittal?
'Grey Area Exists In Cryptocurrency Regulation; Existing Laws Obsolete' : Supreme Court In Bitcoin Extortion Case
https://www.livelaw.in/top-stories/supreme-court-calls-for-regulation-of-cryptocurrency-says-existing-laws-obsolete-cannot-address-issues-293855
Personality Rights: Interpretation And Scope
https://www.livelaw.in/columns/personality-rights-amitabh-bachchan-protection-ex-parte-ad-interim-injunction-217539