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Telegram-ΠΊΠ°Π½Π°Π» currentlegalgk - 𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

20692

πŸ“²Contact β€”> @CurrentLegalGKBOT πŸ‘¨β€βš–οΈ Setting Precedents: Relevancy and Reinvigoration. You will get awesome legal issues answered, occasional tips on skills, case briefs, and latest laws explained. 🧠For Daily Quiz β€”> @LegalQuizzes β³πŸš€Enjoy_Learning

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𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

Delhi High Court Rejects PIL To Abolish Offences Of 'Waging War', 'Unlawful Assembly' From BNS 2023
https://www.livelaw.in/high-court/delhi-high-court/bns-2023-pil-against-waging-war-unlawful-assembly-offences-dismissed-297023

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

In an order by P&H HC in
Raj Kumar v. Rajender, 2025
wherein the hon'ble HC states that the judgment of supreme court applies retrospectively unless stated otherwise (doctrine of prospective overruling which can only be used by SC)

Why retrospective? the answer can be found in the role of Judiciary.
"The judicial function, therefore, is inherently one of discovery, not of creation; the judge acts not as a legislator proprio motu, but as an expositor, meticulously unearthing the latent meaning of the law. The court's declaration is thus a recognition of an enduring truth, not the genesis of a novel legal reality,"Β 

Relied on Assistant Commissioner, Income Tax, Rajkot ck Exchange Limited: 2008
β€œ[T]he theory of case law is that a merely declares it; and the overruling of a previous decision is a declaration that the supposed rule never was law. Hence any intermediate transactions made on the strength of the supposed rule are governed by the law establish decision. The overruling is retrospective, except as regards matters that are res judicatae or accounts that have been settled in the meantime.”

In the present case an appeal has been argued that the following judgment of hon'ble supreme court will not apply as the faxual matrix pertains to a period anterior to the pronouncement of the following verdict which reads as follows.
M/s Celestium Financial
vs.
A. Gnanasekaran,
2025


The Supreme Court has held that a complainant in a cheque dishonour case for the offence under Section 138 of the Negotiable Instruments Act, 1881, is a "victim" within the meaning of Section 2(wa) of the Code of Criminal Procedure [Section 2(y) of Bharatiya Nagarik Suraksha Sanhita], who can file an appeal against acquittal under the proviso to Section 372 of the CrPC [Section 413 of the BNSS].


You know that is why the term 'law Declared' is used in Article 141 and not 'law made' by the supreme court which is binding on all courts.

#NIA@CurrentLegalGK
#COI@CurrentLegalGK
#BNSS@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

Mechanics and Implications of Forfeiture of Bail Bonds in Criminal Justice
https://www.livelaw.in/articles/mechanics-implications-forfeiture-bail-bonds-criminal-justice-296957

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

ANDHRA PRADESH HC CIRCULAR

Therefore, all the Judicial Magistrates are hereby instructed to satisfy
themselves before ordering remand, particularly in cases relating to social media postings/comments that the Investigating Officer complied with the law laid down in `Arnesh Kumar' and 'Imran Pratap Gadhi' cases that the accused had committed repeated and multiple offences, that the accused, if not ordered to be remanded to judicial custody, may influence the witnesses or tamper evidence that the police require custodial investigation.

@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

Supreme Court Initiates Suo Motu Case Over Investigative Agencies Summoning Advocates For Legal Advice To Accused
https://www.livelaw.in/top-stories/supreme-court-initiates-suo-motu-case-over-investigative-agencies-summoning-advocates-for-legal-advice-to-accused-296912

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

Concept Of GPA Sale Based On Recent Supreme Court Decisions
https://www.livelaw.in/articles/concept-gpa-sale-based-recent-supreme-court-decisions-296882

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

Denver judge fines MyPillow CEO Mike Lindell’s lawyers over AI-generated fake citations: β€˜This court derives no joy…’ | Today News
https://www.livemint.com/news/us-news/denver-judge-fines-mypillow-ceo-mike-lindell-s-lawyers-over-ai-generated-fake-citations-this-court-derives-no-joy-11751979705886.html

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

The Court clarified that, β€œMoreover, β€œliving in adultery” is distinct from β€œcommitting adultery”. β€œLiving in adultery” denotes a continuous course of conduct and not isolated acts of immorality. One or two lapses from virtues would be acts of adultery but would be quite insufficient to show that the woman was β€œliving in adultery”. A mere lapse, whether it is one or two, and a return back to a normal life can not be said to be living in adultery. If the lapse is continued and followed up by a further adulterous life, the woman can be said to be β€œliving in adultery”.

r/w /channel/CurrentLegalGK/5831

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

β˜ŽοΈπŸ“‘ Aakash deep chauhan v CBI & Anr. 2025

1. Although it cannot be generalized that all allegations in relation to corruption would have the capacity of influencing the public at large, the allegations herein don’t relate to a trivial project but one that was awarded for β‚Ή2149.93 crores where the work sought by way of influence would have been of a substantial sum as well. The economic scale of the offence, in the opinion of this Court, satisfies the threshold of β€œpublic safety”.

2. As noted in Santosh Kumar v. Union of India 2022, the disclosure of elaborate reasons would defeat the purpose of secrecy as provided for under Rule 419A and would be against the modified disclosure requirements.

3. The admissibility of any piece of evidence rests on its reliability, instead of how that evidence came to be procured.
That is not to say that such evidence cannot be disallowed if the evidence is colored by breach of the privacy of the accused, however, even then, the judicial discretion will need to be exercised at the time of stage of adjudication rather than at the time of admitting the evidence on record.

These are the differentiating pointers with Madras HC judgment.
/channel/CurrentLegalGK/6275

#COI@CurrentLegalGK
#BSA@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

The provisions of the Act of 2013 apply when there is an employee-employer relationship. But in case of advocates and the BCI or the BCMG, there is no such relationship as neither the BCI nor the BCMG can be said to be employers of the advocates and thus, the provisions of the Act of 2013 will not apply on complaints filed by lady lawyers,"Β the bench recorded in the order.

But section 35 of Advocates act 1961 for Misconduct may apply.

@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

https://m-economictimes-com.cdn.ampproject.org/c/s/m.economictimes.com/wealth/legal/will/matrimonial-dispute-husband-loses-government-job-after-wife-wins-case-know-how-this-impacts-employees-of-private-and-government-companies/amp_articleshow/122022489.cms

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

MP High Court Sets Aside Trial Court Order Recognising Saif Ali Khan, His Siblings & Mother As Heirs Of Nawab Of Bhopal's Properties
https://www.livelaw.in/high-court/madhya-pradesh-high-court/madhya-pradesh-high-court-orders-retrial-nawab-of-bhopal-properties-dispute-and-saif-ali-khan-296673

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

WJP Rule of Law Index | Factors
https://worldjusticeproject.org/rule-of-law-index/factors/2024/India/

India Rank

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

🏠🚘 πŸ”¨Anyone who is well versed with E-Auctions?

https://eauction.gov.in/eauction/#/
If not then you can go through this website for exploring various products.

@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

SC's AR Antulay Judgment On Locus Standi To Initiate Criminal Complaints Doesn't Apply To Writ Petitions: Delhi High Court
https://www.livelaw.in/high-court/delhi-high-court/scs-ar-antulay-judgment-on-locus-standi-to-initiate-criminal-complaints-doesnt-apply-to-writ-petitions-delhi-high-court-296911

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

Apex Court's Judgements Apply Retrospectively Unless Expressly Stated: Punjab & Haryana High Court
https://www.livelaw.in/high-court/punjab-and-haryana-high-court/punjab-haryana-high-court-judgement-every-judgement-applies-retrospectively-unless-specified-297030

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

Emergency@50: How Supreme Court Abdicated Its Duty To Protect Liberty
https://www.livelaw.in/articles/1975-emergency-and-role-of-supreme-court-critical-analysis-296975

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

"In Re : Summoning Advocates Who Give Legal Opinion or Represent Parties During Investigation of Cases and Related Issues"

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

πŸ πŸ“πŸ’° LAW ON GPA SALES

SURAJ LAMPS &
INDUSTRIES PVT. LTD.
VS.
STATE OF HARYANA
2011

{Landmark judgment on GPA sales}

The Supreme Court held that SA/GPA/WILL transfers were not legally valid and only registered conveyance deed can tranfer the title. Nothing prevents affected parties from getting registered Deeds of Conveyance to complete their title. The said SA/GPA/WILL transactions may also be used to obtain specific performance or to defend possession under Section 53A of TP Act.


SHAKEEL AHMED
v.
SYED AKHLAQ HUSSAIN
2023
{Retrospective effect to suraj lampsβœ“}

The argument advanced on behalf of the respondent that the judgment in Suraj Lamps & Industries (supra) would be prospective is also misplaced. The requirement of compulsory registration and effect on non-registration emanates from the statutes, in particular the Registration Act and the Transfer of Property Act. The ratio in Suraj Lamps & Industries (supra) only approves the provisions in the two
enactments. Earlier judgments of this Court have taken the same view.


RAMESH CHAND
VS
SURESH CHAND
2012

{GPA sales can give better entitlement to possession}

Being the power of attorney and the Will dated 16.5.1996, the respondent No.1/plaintiff would though not be the classical owner of the suit property as would an owner be under a duly registered sale deed, but surely he would have better rights/entitlement of possession of the suit property.....
..... A right to possession of an immovable property arises not only from a complete ownership right in the property but having a better title or a better entitlement/right to the
possession of the property than qua the person who is in actual physical possession thereof

#TPA@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

This practice of levying cost on wrong AI usage and hampering process of justice will be considered in India as well. (soon)

@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

#Question@CurrentLegalGK

Bablu sends a message to Pintu's wife for committing adultery and the wife of pintu accepts it.

Whether this will amount to an offence under section 61(2) of Bhartiya Nyaya Sanhita?

Para 54 Joseph shine


@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

β€œCommitting Adultery” Distinct From β€œLiving In Adultery”, Maintenance Cannot Be Denied For 'Mere Lapse' Unless Continued: Patna High Court
https://www.livelaw.in/high-court/patna-high-court/patna-high-court-judgment-clarifies-living-in-adultery-section-125-crpc-296888

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

https://www.thehindu.com/sci-tech/science/kerala-universitys-archaeological-excavation-unearths-5300-year-old-early-harappan-settlement-in-gujarat/article69682898.ece

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

POSH Act Won't Apply To Sexual Harassment Complaints Of Women Bar Council Members Against Other Lawyers : Bombay High Court
https://www.livelaw.in/high-court/bombay-high-court/bombay-high-court-rules-lady-advocate-posh-act-complaint-against-bar-council-not-maintainable-296720

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

BEGUM SURAIYA RASHID
VS.
BEGUM MEHR TAJ NAWAB SAJIDA SULTAN
2025

Article 366 (1) and (22)
#COI@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

P KISHORE v. SECY TO GOVT OF INDIA, 2025 (Mad HC)

1. Evidence obtained by illegal means
2. Right to privacy and Phone tapping when allowed.
3. PUCL case.

1. Meaning of Public emergency and public safety one of which is sine qua non for phone interception.

AS PER PUCL
Public emergency would mean the prevailing of a sudden condition or state of affairs affecting the people at large calling for immediate action. The expression β€œpublic safety” means the state or condition of freedom from danger or risk for the people at large.

Note: Neither the occurrence of public emergency nor the interest of public safety are secretive conditions or situations. Either of the situations would be apparent to a reasonable person.

2. While passing an order application of mind to law and facts is a must and mere reproducing law is not enough.

3. Though a press note is not a legal instrument, it is well settled that suchdocuments reflect the understanding of the legal provisions by the Executive. (for eg. PIB)

4. In fact, the use of Section 5(2) of the Act to detect the commission of ordinary crimes de-hors the requirement of public emergency or in the interests of public safety appears to be clearly misconceived.
Where phone tapping has been found necessary to tackle crimes, such a power has been expressly conferred as for example in certain special statutes like the Maharashtra Control of Organized Crime Act, 1999

5. It is clear that the exercise of power under Section 5(2) of the Act was coupled with a duty to forward the same (the material intercepted) under Rule 419-A(17) of the Rules to examine as to whether the jurisdictional requirements under Section 5(2) had been satisfied. Admittedly, in the instant case, the intercepted material has not been placed before the Review Committee at all. Thus, there has been a complete go by of the compliance of the mandatory provisions of law.

6. Anuradha Bhasin case:
where a power is required to be exercised by a certain authority in a certain way, it should be exercised in that manner
or not at all.

7. What is the effect of evidence collected in violation of Section 5 (2) of the Act?

The material procured via Illegal order under section 5(2) and rule 419-A cannot be used for any purpose.

8. The admissibility of evidence procured unconstitutionally (violation of rofht to privacy) is not decided but is sub judice under the case of.

SNJ Breweries Vs. Principal Director of Income Tax (Investigation) [reported in (2024) 2 CWC 727] has considered the issue and held that the decisions of the Hon'ble Supreme Court in Pooran Mal and R.M. Malkani require a re-look in the light of the law laid down by the 9 Judges' Bench of the Hon'ble Apex Court in the case of K.S.Puttaswamy.

Note: RM malkhani judgment was on appeal against conviction where presumption of Innocence is not available hence not applicable where presumption of innocence is available to accused.

#COI@CurrentLegalGK
#Mybriefs@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

🌟 FIR and Chargesheet whether Public Document | RTI can be filed?

πŸ‘¨β€βš–οΈ Case Title: Relating to Chargesheet

Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β  Saurav Das
Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β  v.
Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β  Union of India

Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β  [2023 SC]

πŸ”₯ Reasoning as to why Chargesheet is not Public document or equated with FIR:
All the chargesheets and relevant documents produced along with the chargesheets are put on the public domain or on the websites of the State Governments it will be contrary
to the Scheme of the Criminal Procedure Code and it may as such violate the rights of the accused as well as the victim and/or even the investigating agency. Putting the FIR on the website cannot be equated with putting the chargesheets along with the relevant documents on the public domain and on the websites of the State Governments.


πŸ”₯ Why FIR is Public document?
So that innocent accused are not harassed and they are able to get the relief from the competent court and they are not taken by surprise.

βœ… Conclusion: Chargesheet does not come under section 74 of IEA and as per Section 75 IEA/ 74(2 BSA all other documents other than the documents mentioned in Section 74 IEA / 74(1) BSA are all private documents

------------------------------------
πŸ‘¨β€βš–οΈ Case Title:Β  Relating to FIR

Youth Bar Association of India
Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β  vsΒ 
Β Β Β Β Β Β Β Β Β Β Β Β  Union of India
Β Β Β Β Β Β Β Β Β Β Β Β Β Β Β  (2016)


πŸ”— Directions related to FIR:

1. The FIR should be uploaded within 24 hrs (for connectivity problems it may be delayed upto 72 hrs) in the state website except in cases relating to Sensitivity (privacy etc.), sexual offences, POCSO, Terrorism, insurgency etc. the decision not to upload shall be taken by an officer with DySP rank officer atleast or District Magistrate (where he has a role)

πŸ’― Section 207 CrPC: Section 230 BNSS
Accused is entitle to get copy of FIR before the stage of 207, Accused can apply for certified copy of FIR via his agents in the police station and this certified copy shall be supplied within 24hrs.


@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

HI! EVERYONE I GOT THIS MESSAGE VIA PERSONAL BOT OF CHANNEL IT IS REGARDING THE REVIEW PETITION OF 3 YEARS PRACTICE RULE JUDGMENT



----------------
Hi a review petition is being filed against the 3 years rule wherein we have engaged Senior Adv. Colin Henry Gonsalves for putting up our case. The concerned individuals have been raising funds for it as well but we feel that the reach of this initiative has been limited since we started, hence i request you to please circulate this message on your telegram channel so that we can get more people. The demand is not for money only but also of e-signatures as we are falling short it to show the number of affected people and who are directly interested in becoming beneficiary in the case.

I request you to please go see this video (jaideep is one amongst us only, went to meet the advocate) -

review3yearpracticerule" rel="nofollow">https://youtube.com/@review3yearpracticerule

Check this e-sign google form (has more details in the description) -

https://forms.gle/YZWzJrHJc5HGEQ3X6

If you feel confident and convinced then please try to share this google form or this whole message of mine in your telegram channel to help us fight hard against this injustice.

Followed by which i shall get you the whatsapp invite link as well to share it further

PFA the whatsapp group screenshot as well.

Thank you for your time and attention .

Whatsapp link - https://chat.whatsapp.com/EOedsDUhsYd8TUi6A7My8a

Contribution summary - https://docs.google.com/spreadsheets/d/1HyK6NuRmrXsKexJj6H1alEhN_0DxFEejHft41oaC3Z8/

Telegram-
/channel/review3yearrule
-------------



You guys can scrutinise yourself and support accordingly.
@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…

𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’

πŸ’²πŸ  Recovery of arrears of land.

Section 279 (1) of the Uttar Pradesh Zamindari Abolition and Land Reforms
Act ( Section 170 of U.P. Revenue Code 2006) provides that an arrear of land
revenue may be recovered by any one or more of the following seven processes:

1. Writ of demand or citation to appear;
2. Arrest and detention;
3. Attachment and sale of movable property;
4. Attachment and lease of the holding in respect of which the arrear is due;
5. Attachment and sale of the holding in respect of which the arrear is due:
6. Attachment and sale of other immovable property of the defaulter, and
7. Appointment of a receiver
:

It is not necessary that the process may be adopted in the order as given above in stepwise manner. More than one process may be resorted simultaneously.

#Landrevenue@CurrentLegalGK

Π§ΠΈΡ‚Π°Ρ‚ΡŒ ΠΏΠΎΠ»Π½ΠΎΡΡ‚ΡŒΡŽ…
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