The Delhi High Court said this year that in POCSO (Protection of Children from Sexual Offences) Act cases where the age of the victim is determined through an ossification test, the upper age in the testβs reference range should be considered, and a βmargin of error of two years is required to be appliedβ.
Π§ΠΈΡΠ°ΡΡ ΠΏΠΎΠ»Π½ΠΎΡΡΡΡ…How bone ossification test works, and its application in law π
#baba_siddique #explained_law #lawrence_bishnoi
Just a contention.
Is there any law prohibiting furgitive to approach under article 32?
The news about the BCI recommendations on Stipend amount is promising, but in practice, there will likely be a negligible number of advocates who implement them. However, I hope to be proven wrong in this regard in future.
@CurrentLegalGK
Canada-India row: When Indira Gandhi took up Khalistan issue with Justin Trudeauβs father π
#express_explained
Exhibiting any part of the body with the intention that it would be seen by a child would amount to sexual harassment.
Read facts of case and see how court has applied them...
@CurrentLegalGK
'Deposing Capacity' Of Child Witness Not Tested Before Taking Evidence: Patna HC Nixes Man's Conviction For Sexually Assaulting Minor Girl
https://www.livelaw.in/high-court/patna-high-court/patna-high-court-s6-pocso-act-for-incriminating-evidence-want-from-victim-parents-appellant-cannot-convicted-feeble-evidence-child-witness-272476
π #Tip
Complete the Provisions from Bare Act first then focus on Case laws, the Connectivity would be much higher and in time effective manner.
Speed π is the key nowadays.
Supreme Court Refuses To Entertain Plea To Criminalise Sexual Offences Against Men, Trans Persons & Animals In BNS
https://www.livelaw.in/top-stories/supreme-court-refuses-to-entertain-plea-to-criminalise-sexual-offences-against-men-trans-persons-animals-in-bns-272371
'Art 29 Does Not Give Right To Claim TV Langauge Channel' : Supreme Court Dismisses Plea For Doordarshan Channel In Sindhi
https://www.livelaw.in/top-stories/art-29-does-not-give-right-to-claim-tv-langauge-channel-supreme-court-dismisses-plea-for-doordarshan-channel-in-sindhi-272348
π #Question
Whether Intention is Required or there is strict liability in the cases of:-
1. Section 292 IPC, 1860
2. Section 3/4 of IRWA, 1986
Mention Case laws to support your answers.
(2 Marks) (50 words)
@CurrentLegalGK
A gazette notification to this effect was issued by the Union Home Ministry.
"In exercise of the powers conferred by Section 73 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) read with Articles 239 and 239A of the Constitution of India, the order dated the 31st October, 2019 in relation to the union territory of Jammu and Kashmir shall stand revoked immediately before the appointment of the chief minister under Section 54 of the Jammu and Kashmir Reorganisation Act, 2019," the notification signed by President Droupadi Murmu said.
@CurrentLegalGK
75 Important Judgments Of Supreme Court: Part III | Celebrating 75 Years Of India's Supreme Court
https://www.livelaw.in/supreme-court/list-of-all-important-supreme-court-judgments-272293
βοΈπ¨ββοΈπ©ββοΈ Women Rights upholding Landmark Judgments
1. Secretary, Ministry of Defence v. Babita Puniya (2020): "Permanent Commission should be granted to women in the army regardless of their service, in all the ten streams where the Union Government has already taken a decision to grant the Short Service Commission for women."
2. Federation of Obstetric and Gynecological Societies of India v. Union of India (2019): "Giving preference to a male child is violative of Article 39A of the constitution and against the mandate of Article 51A (e) which casts a Constitutional duty on citizens to renounce practices derogatory to the dignity of women."
3. Joseph Shine v. Union of India (2018): "The five-judge bench unanimously struck down Section 497 IPC saying that it was unconstitutional since the very basis for criminalising adultery was the assumption that a woman is considered as the property of the husband and cannot have relations outside the marriage."
4. Danamma @ Suman Surpur v. Amar (2018): "The right of a daughter to be entitled to an equal share as a son in ancestral property, including daughters who were born before the Hindu Succession Act, 1956 ('HSA') came into force."
5. Roxann Sharma v. Arun Sharma (2015): "The custody of the child below five years should be with the mother who was well-educated and self-sufficient whereas the father was jobless."
6. Shamima Farooqui v. Shahid Khan (2015): "The divorced Muslim women are covered under Section 125 of CrPC and maintenance is an absolute right of a woman, unless it is disqualified."
7. Kakali Ghosh v. Chief Secretary A&N Administration (2014): "Central Government employee who is a woman and having a minor child could avail a maximum period of 730 days during the entire service period for taking care of her children."
8. D. Velusamy v. D. Patchaiammal (2010): "Live-in relationships will also come under Domestic Violence Act 2005."
9. Suchita Srivastava & Anr. v. Chandigarh Administration (2009): "The pregnancy cannot be terminated without the consent of the victim."
10. Anuj Garg & Ors v. Hotel Association of India (2007): "The Supreme Court examined and struck down a protective discrimination provision in the Punjab Excise Act, 1914 that restricted women's right to employment and equal treatment."
11. Vijay Lakshmi v. Punjab University & Ors. (2003): "Giving preference to women in women colleges/hostels is a form of preventive, protective and precautionary measure based on public morals particularly in view of the young age of the girl children to be taught."
12. Centre for Enquiry into Health and Allied Themes v. Union of India (2003): "The apex court, in this case, issued Guidelines to prevent female foeticide."
13. Daniel Latifi v. Union of India (2001): "Liability of Muslim husband to his divorced wife arising under Section 3(1)(a) of the Act to pay maintenance is not confined to iddat period."
14. Municipal Corporation Of Delhi v. Female Workers (Muster Roll) (2000): "A just social order can be achieved only when inequalities are obliterated and everyone is provided what is legally due."
15. Ms. Gita Hariharan & Anr. v. Reserve Bank of India & Anr. (1999): "Both the father and the mother are the natural guardians of a minor Hindu child."
16. Shayara Bano vs Union Of India (2017): "Triple Talaq Unconstitutional."
17.Gaurav Jain v.Union Of India & Ors.(1997): "The children of the prostitutes have the right to equality of opportunity, dignity, care, protection, and rehabilitation so as to be part of the mainstream of social life without any pre-stigma attached to them."
18.Vishaka & Ors v.State Of Rajasthan & Ors.(1997): "Issued Guidelines to prevent sexual harassment against women in workplaces."
19.Madhu Kishwar & Ors v.State Of Bihar & Ors.(1996): "The exclusive right of male succession included in Section 7 and Section 8 of the Chota Nagpur Tenancy Act must be suspended so long as the right of livelihood of the female descendants continues."
π₯ Major Constitutional Debates brief.
Pick Important Topics members views and use them in your constitution answers or essays like socialism or secularism or minority issues.
What explanation does
Jawaharlal Nehru give for not
using the term βdemocraticβ
in the Objectives Resolution
Abetment of suicide: why SC cautioned against βunnecessary prosecutionsβ π
#explained_law #express_explained
NCPCR wants states to stop funding madrasas: how Keralaβs system is different π
#express_explained #kerala_madrasas #madrasa
Fugitive Cannot Maintain Article 32 Petition: SG Objects To Zakir Naik's Plea In Supreme Court
https://www.livelaw.in/top-stories/fugitive-cannot-maintain-article-32-petition-sg-objects-to-zakir-naiks-plea-in-supreme-court-272612
Section 3 mentions "A person is said to have Notice" (notice is not defined rather when a person will have notice, the effect is mentioned)
Section 131 too does not define Notice it is just mentioning that for Transfer of Actionable claim every Notice must be signed.
Word Notice in itself not defined anywhere.
You can anytime counter this as it is not an answer key by High Court which requires fees.
Comment π
π₯ #Question
What is the difference between an Interpretation Clause and a Definition Clause.
Think why some acts does not have definition clause instead interpretation clause.
Having Sexual Intercourse, Being Naked In Front Of Minor Amounts To Sexual Harassment U/S 11 Of POCSO Act: Kerala High Court
https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-having-sexual-intercourse-being-naked-infront-of-minor-amounts-sexual-harassment-under-pocso-act-272473
Can You mention the Reasoning?
I have chosen Option D π
@CurrentLegalGK
"This court cannot by recourse under article 142 direct that a particular act constitutes an offence. Such exercise falls under parliamentary domain,"Β the CJI observed in the order so dictated.Β
The Petitioner relied upon the decision of the Top Court inΒ P Ramachandra Rao v. State of KarnatakaΒ where it was observed that in the presence of lacuna in law, the Court can pass suitable guidelines.
What's your opinion?
@CurrentLegalGK
S.52 TP Act | Once Transaction Is Hit By Lis Pendens, Bona Fide Purchase Or Lack Of Notice Of Agreement Not Defences : Supreme Court
https://www.livelaw.in/supreme-court/s52-tp-act-once-transaction-is-hit-by-lis-pendens-bona-fide-purchase-or-lack-of-notice-of-agreement-not-defences-supreme-court-272377
π #Quote
"Freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of the political truth."-
~Justice Louis Brandeis
Article 19 freedom of speech and expression and their restrictions, on importance of Article 19 see Romesh thappar and Maneka gandhi case.
π¨ββοΈπ Q and A with CJI D.Y. CHANDRACHUD
Must Watch.
Live streaming Part of discussion deliberation dialogue democracy.
https://youtu.be/CHvzLJ1iXic?feature=shared
Also Humanising the law Address:
https://youtu.be/X5XyS0EUPXk?feature=shared
βοΈπ¨ββοΈπ©ββοΈ Women Rights upholding Landmark Judgments
20. Deli Domestic Working Women's' Forum v. Union Of India (1994) "The complaints of sexual assault cases should be provided with legal representation."
21.Uttarakhand Mahila Kalyan Parishad v.State Of UP(1995): "No justification for women teachers being paid less or having fewer promotional avenues than their male counterparts."
22.Mrs.Neera Mathur v.LIC(1991): "The Court directed LIC to delete columns demanding personal disclosures from lady candidates regarding pregnancy-related issues."
23.State Of Maharashtra & Anr.v.Madhukar Narayan Mardikar(1990): "Even a woman of easy virtue is entitled to privacy and no one can invade her privacy as and when he likes."
24.Mackinnon Mackenzie & Co Ltd vs Audrey D'Costa & Anr(1987): "There is no custom or rule that only ladies can be Confidential Stenographers; equal remuneration must be provided regardless of gender."
25.Mrs.Mary Roy v.State Of Kerala & Ors.(1986): "No personal law can be held above the Constitution of India; discriminatory succession provisions were declared void."
26.Air India v.Nargesh Meerza(1981): "The clauses regarding retirement and pregnancy under Regulation 46 were held unconstitutional and therefore struck down."
27. CB Muthamma v.Union Of India(1979): "If a woman has to obtain permission from the government before marriage then the same set of reasoning is also applicable to men."
28. V.Tulasamma & Ors vs V.Sesha Reddi(1977): "A Hindu female's right to maintenance is not an empty formality but is a tangible right against property which flows from the spiritual relationship between husband and wife.
29. B Shah v.Presiding Officer,Labor Court(1977): "Computation of maternity benefit is to be made for all days including Sundays and rest days which may be wageless holidays comprised in actual absence up to six weeks before and after delivery.
30. Bombay Labour Union v.International Franchise Pvt.Ltd.(1965): "The court upheld that unmarried women were required to give up service on marriage was held unconstitutional."
@CurrentLegalGK
31 Entries Received for Quiz Making Competition.
Show your talent by sharing only 19 MCQs
Share here.
@CurrentLegalGKBOT
ππ #Tip
Give time and focus more to those subjects which are difficult to you (analyse through tests) and only give sufficient time to those subjects which are strong areas of yours.
Make others difficulty your Strength by learning core concepts in detail and sharpen them through discussion.