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๐ฒ Contact โ @CurrentLegalGKBOT ๐จโโ๏ธ Law vs. Logic: Lessons from Experience. Get clear answers to legal issues, skill-building tips, case briefs, and simplified explanations of the latest enactments. ๐ง Daily Quiz โ @LegalQuizzes โณ๐ Enjoy Learning!
https://www.livelaw.in/articles/oman-clinical-climate-education-and-green-schools-initiative-310173
ะงะธัะฐัั ะฟะพะปะฝะพัััั…
In this case, petitioner no. 1 (married woman) and her live in partner (petitioner no. 2) moved the HC seeking a mandamus restraining the authorities woman's husband (respondent no. 4) from interfering in their peaceful life and for a direction to provide protection.
"ย A spouse has statutory right to enjoy the company of his or her counterpart and he/she cannot be deprived of that right for the sake of personal liberty and no such protection can be granted to infringe statutory right of the other spouse, hence, the freedom of one person cannot encroach or overweigh the legal right of another person", the bench remarked.
@CurrentLegalGK
Article 226 writ petition for the writ of mandamus praying to direct the private neighbours to remove CCTV installation which is in violation of Right to privacy under article 21.
Held: dismissed because proportionality test was passed neighbours security was necessary.
Petitioner relied on: "ย Agnes
Michael v. Cheranellore Grama Panchayat [2023 KHC
OnLine 9014] that under the guise of installing CCTV
surveillance Cameras, individuals should not be permitted to snoop into the affairs of their neighbours"
#COI@CurrentLegalGK
Intention to Create Legal Relationship
https://www.legalserviceindia.com/legal/article-5903-intention-to-create-legal-relationship.html
Presumption in commercial transactions and no presumption in husband and wife and parent and child.
#ICA@CurrentLegalGK
While setting aside the bail granted to a person accused of possessing 731.075 kilograms of ganja worth about โน2.91 crore.
Before the Supreme Court, the counsel for the respondent submitted that the brother of the accused was a Sepoy in the Indian Army and that he can given an undertaking that the accused will not abscond.
Rejecting this submission, the Court observed, "if the Respondent were to abscond, his brother cannot be sent to prison. In India, the alleged sins of an accused cannot be visited on his brother or other family members."
#BAIL@CurrentLegalGK
Sindhi People: History, Geography and Maths
https://www.sindhipapad.online/post/sindhi-people-history-geography-and-maths
Surendra koli v state of up 2025
Curative petition
#BSA@CurrentLegalGK
#COI@CurrentLegalGK
Nithari killings, Surendra Koli and the remedy of curative petitions ๐
#nithari_killings #nithari_serial_killings #supreme_court
Mere Weapon Recovery & FSL Report Not Enough In Absence Of Other Corroborative Evidence : Supreme Court Acquits Murder Convict
https://www.livelaw.in/supreme-court/mere-weapon-recovery-fsl-report-not-enough-in-absence-of-other-corroborative-evidence-supreme-court-acquits-murder-convict-310010
#Quote@CurrentLegalGK
"The movement of the progressive societies has...been a movement from status to contract."
Sir Henry Maine, Ancient Law (1869)
Possible jurisprudential inferences:
Rights and obligations not confined to social status or by birth but shifted towards freedom of contract and choice based mechanism.
Criticism: Freedom to contract is illusory concept because of unequal bargaining powers the free consent remains influenced consent untill economic justice and equality is achieved the true sense of frwedom of contract canot be achieved.
'Consistent Ocular Evidence Prevails Over Medical Evidence', Supreme Court Upholds POCSO Act Conviction
https://www.livelaw.in/supreme-court/consistent-ocular-evidence-prevails-over-medical-evidence-supreme-court-upholds-pocso-act-conviction-309951
So these practices are still common.
ะงะธัะฐัั ะฟะพะปะฝะพัััั…
๐ค๐ช Criminal conspiracy law, succint brief
Chapter VA, conspiracy was brought on statute by the Amendment Act, 1913 (8 of 1913). Section 120A of the I.P.C. defines 'conspiracy' to mean that when two or more persons agree to do, or cause to be done an illegal act, or an act which is not illegal by illegal means, such an agreement is designated as "criminal conspiracy. No agreement except an agreement to commit an offence shall amount to a criminal conspiracy, unless some act besides the agreement is done by one or more parties to such agreement in furtherance thereof. Section 120B of the I.P.C. prescribes punishment for criminal conspiracy. It is not necessary that each conspirator must know all the details of the scheme nor be a participant at every stage. It is necessary that they should agree for design or object of the conspiracy. Conspiracy is conceived as having three elements: (1) agreement (2) between two or more persons by whom the agreement is effected; and (3) a criminal object, which may be either the ultimate aim of the agreement, or may constitute the means, or one of the means by which that aim is to be accomplished. It is immaterial whether this is found in the ultimate objects. The common law definition of 'criminal conspiracy' was stated first by Lord Denman in Jones' case (1832 B & AD 345) that an indictment for conspiracy must "charge a conspiracy to do an unlawful act by unlawful means" and was elaborated by Willies, J. on behalf of the Judges while referring the question to the House of Lords in Mulcahy v. Reg (1868) L.R. 3 H.L. 306 and the House of Lords in unanimous decision reiterated in Quinn v. Leathem 1901 AC 495 as under:
A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means. So long as such a design rests in intention only it is not indictable. When two agree to carry it into effect, the very plot is an act in itself, and the act of each of the parties, promise against promise, actus contra actum, capable of being enforced, if lawful, punishable of for a criminal object or for the use of criminal means.
(emphasis supplied)
24. A conspiracy thus, is a continuing offence and continues to subsist and committed wherever one of the conspirators does an act or series of acts. So long as its performance continues, it is a continuing offence till it is executed or rescinded or frustrated by choice or necessity. A crime is complete as soon as the agreement is made, but it is not a thing of the moment. It does not end with the making of the agreement. It will continue so long as there are two or more parties to it intending to carry into effect the design. Its continuance is a threat to the society against which it was aimed at and would be dealt with as soon as that jurisdiction can properly claim the power to do so. The conspiracy designed or agreed abroad will have the same effect as in India, when part of the acts, pursuant to the agreement are agreed to be finalized or done, attempted or even frustrated and vice versa.
Mohd. Arif vs. State of NCT of Delhi (10.08.2011 - SC) : MANU/SC/0919/2011
section 61
#BNS@CurrentLegalGK
MOTHER CAN CLAIM MAINTENANCE FROM BOTH HUSBAND AND SON/DAUGHTER SIMULTANEOUSLY
In other words, the right
of a woman to claim maintenance from her son or daughter is
independent of her husbandโs obligation to maintain her. A
mother can claim maintenance from her children even if her
husband is maintaining her, and the son can be legally required to contribute if the mother is unable to maintain herself and the husband is not providing sufficient support. The fact that the husband of a woman has sufficient means and provides maintenance to her would not absolve the son of his independent statutory obligation under Section 144(1) (d) of BNSS (Section 125(1)(d) of Cr.P.C.) to support his mother if she needs it
Farookh v Kayyakutty @ Kadeeja 2025
#BNSS@CurrentLegalGK
Hardly anyone addresses courts as per the rules.
Chapter 3A part 6 BCI rules.
#Practice@CurrentLegalGK
No Protection For 'Live-In' If Hindu Marriage Subsists; Personal Liberty Ends Where Spouse's Statutory Right Begins: Allahabad High Court
https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-protection-live-in-relation-hindu-marriage-personal-liberty-spouse-310060
Can Arrest Warrants Can Be Converted To Bailable Warrants In Serious Economic Offence Cases? Rajasthan High Court Refers To Larger Bench
https://www.livelaw.in/high-court/rajasthan-high-court/whether-arrest-warrants-can-be-converted-to-bailable-warrants-in-serious-tax-economic-or-heinous-offences-rajasthan-high-court-refers-issue-to-larger-bench-310104
๐๐ INDIAN GENERAL OFFER CASE
Ms. Carlill v. Carbolic smoke ball company, 1892
๐ฎ๐ณ Harbhajan lal v. Harcharan lal, 1925
๐คTell the difference between lalman shukla and harbhajan lal case as regards communication of offer.๏ปฟ
Sins Of Accused Cannot Be Visited On Family Members : Supreme Court
https://www.livelaw.in/top-stories/sins-of-accused-cannot-be-visited-on-family-members-supreme-court-310100
Pendency Of Writ Proceedings No Ground To Not Avail Alternative Statutory Remedies : Supreme Court
https://www.livelaw.in/supreme-court/pendency-of-writ-proceedings-no-ground-to-not-avail-alternative-statutory-remedies-supreme-court-310074
Finally settled with unsettling justice.
Kindly read the judgment I am sharing and see what parameters of appraisal of evidence are the basis for judgment.
Also read on curative petition v review petition grounds.
Nagarajan v State of Tamil Nadu 2025
Dilip S. Dahanukar Vs. Kotak Mahindra Co. Ltd, 2007
TRIBAL LEADERS OF THE
FREEDOM STRUGGLE
Page 86 Birsa Munda.
The Chota nagpur
Tenancy Act, passed
in 1908, forbade the
transfer of tribal
land to non-tribals.
#Books@CurrentLegalGK
#MCQ@CurrentLegalGK
Statement 1:ย The general principles of law of contract are applied to all kinds of contract irrespective of their nature.
Statement 2:ย The general principles of law of contract do not apply to the contracts under the Indian Partnership Act, 1872.
A. Statement 1 is true, Statement 2 is false.ย
B. Statement 2 is true, Statement 1 is false.
C.Both statements are true.
D. Both statements are false.
In the case ofย Ms. Eera through Dr. Manjula Krippendorf v. State (Govt. of NCT of Delhi), a division bench of SC was first time faced with the question of mental age. The petition was to treat a rape victim of the biological age of 38 years as a child due to her mental capacity. Her mental age was 6-8 years because of suffering from cerebral palsy. It was argued that under ยง 2(d) of POCSO Act, 2012 the criteria of determining a child should be one of mental age and accordingly the perpetrators be tried under POCSO, court denied the argument and held parliament intended biological age.
State v Nikhil Kumar, 2021 (bail)
JJ Act, 2015: A โstepโ towards mental age doctrine? - Child Rights Blog
https://childrights.devise.org.in/uncategorized-en/jj-act-2015-a-step-towards-mental-age-doctrine/
#JJ@CurrentLegalGK
Additional Sessions Judge Hauled Up In Bribery Case After ACB Arrests His Clerk While Accepting โน15 Lakhs For Passing 'Favourable' Order
https://www.livelaw.in/news-updates/additional-sessions-judge-absconded-bribery-case-309874
Law in madhya pradesh on street vendors.
THE STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) ACT, 2014
#Acts@CurrentLegalGK
S.144 BNSS | Mother Can Claim Maintenance From Children Even If Her Husband Maintains Her: Kerala High Court
https://www.livelaw.in/high-court/kerala-high-court/woman-maintenance-son-daughter-section-144-of-bnss-husband-obligation-to-maintain-her-309762