๐จโโ
Bail can't be denied to Pocso accused if the victim avoid stepping into witness box.
The Court therefore held that just because the prosecutrix could not be traced and produced before the Trial Court, this cannot form a reason for denying the statutory right that has accrued in favour of the accused by spending more than one-half of the maximum period of imprisonment specified for offence under Section 8 of the POCSO Act.
The Court also pointed out that the Investigating Agency could not trace the prosecutrix despite their best efforts and consequently the prosecution has failed to produce her before the Trial Court.
The Court further stated that accusedโs statutory right to bail in terms of provisions contained in Section 436-A CrPC, cannot be defeated by stating that best efforts were taken to trace the victim, but the same did not materialise in a concrete result.
Case - Ravi Kumar vs UT of J&K 2023
#pocso_act
@CurrentLegalGK
Recently New Judgement in POCSO ACT On Bail - J&K High Court.Bail can't be denied to Pocso accused if the victim avoid stepping into witness box.
The Court therefore held that just because the prosecutrix could not be traced and produced before the Trial Court, this cannot form a reason for denying the statutory right that has accrued in favour of the accused by spending more than one-half of the maximum period of imprisonment specified for offence under Section 8 of the POCSO Act.
The Court also pointed out that the Investigating Agency could not trace the prosecutrix despite their best efforts and consequently the prosecution has failed to produce her before the Trial Court.
The Court further stated that accusedโs statutory right to bail in terms of provisions contained in Section 436-A CrPC, cannot be defeated by stating that best efforts were taken to trace the victim, but the same did not materialise in a concrete result.
Case - Ravi Kumar vs UT of J&K 2023
#pocso_act
@CurrentLegalGK
๐3๐ฅ2๐ฏ1
๐จโโ
SC stated an accused person wouldn't be entitled to default Bail (s.167) on the ground that the chargesheet filed against them is w/o sanction of valid authory & hence is an incomplete chargesheet.
The Bench held that whether the sanction of a valid authority for chargesheet was required was not a que. to be addressed while taking a cognizance of an offence, rather it was que. to be addressed during prosecution & such prosecution started after the cognizance of offence was taken.
2 Judges Bench
Case - Judgebir Singh @ Jasbir & others vs National Investigation Agency & others 2023
#defailt_bail #crpc167
@CurrentLegalGK
Default Bail .SC stated an accused person wouldn't be entitled to default Bail (s.167) on the ground that the chargesheet filed against them is w/o sanction of valid authory & hence is an incomplete chargesheet.
The Bench held that whether the sanction of a valid authority for chargesheet was required was not a que. to be addressed while taking a cognizance of an offence, rather it was que. to be addressed during prosecution & such prosecution started after the cognizance of offence was taken.
2 Judges Bench
Case - Judgebir Singh @ Jasbir & others vs National Investigation Agency & others 2023
#defailt_bail #crpc167
@CurrentLegalGK
๐5๐ฅ1
๐จโ๐ผ
On 25th November 1949, one of the most important speeches was delivered by Dr. Ambedkar that every student of Constitutional Law must read through thoroughly. He refers to the history of the Drafting Committee, then to the criticism of one of the members, who I would not like to name, who said that the Drafting Committee was nothing but a drifting committee. Dr. Ambedkar said that he takes it as a compliment though he knew that it was not a compliment.
What does social democracy meanโ
It means a way of life, which realises liberty, equality, and fraternity as the principles of life. These principles of liberty, equality, and fraternity as the principles of life, and these principles are not to be treated as separate items in a trinity. They form a union of trinity in the sense that to divorce one from the other is to defeat the very purpose of democracy. Liberty cannot be divorced from equality, equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity. Without equality, liberty would produce the supremacy of the few over the many. Equality without liberty would kill individual initiative. Without fraternity, liberty would produce the supremacy of the few over the manyโ
#Discernible_Topics
@CurrentLegalGK
B.R. AMBEDKAR CONSTITUTIONAL VIEWS (most cited architect of constitution in judgements)On 25th November 1949, one of the most important speeches was delivered by Dr. Ambedkar that every student of Constitutional Law must read through thoroughly. He refers to the history of the Drafting Committee, then to the criticism of one of the members, who I would not like to name, who said that the Drafting Committee was nothing but a drifting committee. Dr. Ambedkar said that he takes it as a compliment though he knew that it was not a compliment.
What does social democracy meanโ
It means a way of life, which realises liberty, equality, and fraternity as the principles of life. These principles of liberty, equality, and fraternity as the principles of life, and these principles are not to be treated as separate items in a trinity. They form a union of trinity in the sense that to divorce one from the other is to defeat the very purpose of democracy. Liberty cannot be divorced from equality, equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity. Without equality, liberty would produce the supremacy of the few over the many. Equality without liberty would kill individual initiative. Without fraternity, liberty would produce the supremacy of the few over the manyโ
#Discernible_Topics
@CurrentLegalGK
Telegram
๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ ยฎ๏ธ
๐โ๏ธAll time Most Cited Supreme court Judgements and architects of constitution.
@CurrentLegalGK
@CurrentLegalGK
๐7โค1๐ฅ1
๐ฉ๐ปโ๐ฆฒAn adopted child doesn't retain the right to claim a share in the biological parent's property.
The Telangana HC held that a person upon adoption would lose rights on the property of his biological family & would acquire rights on the properties held by the adopted family. But any asset given prior to adoption would remain with the person even after adoption.
Telangana HC 3 Judges Bench
Case - Anumolu Nageswaea Rao vs AVRL Narsimha Rao 2023
#adoptionright #ancestoralproperty
#hindusuccesionact
@CurrentLegalGK
The Telangana HC held that a person upon adoption would lose rights on the property of his biological family & would acquire rights on the properties held by the adopted family. But any asset given prior to adoption would remain with the person even after adoption.
Telangana HC 3 Judges Bench
Case - Anumolu Nageswaea Rao vs AVRL Narsimha Rao 2023
#adoptionright #ancestoralproperty
#hindusuccesionact
@CurrentLegalGK
๐ฅ1
โจ
๐1. Justice HR Khanna: Higher calling at the altar of conscience more important than constitutional office
Justice Khanna's powerful dissent in the ADM Jabalpur case during the Emergency in 1975 exemplified his foresight and courage. He was fully aware that his dissent would cost him the esteemed office of the Chief Justice of India. From his autobiography titled "Neither Roses nor Thorns," Justice Khanna reflected on his decision, stating that he had prepared a judgment that would ultimately cost him the position of CJI
๐2. Justice Bijan Mukherjee: Threatened to resign if judicial seniority tampered by government
An instance where such supersession was averted within 2 years of the establishment of the Supreme Court. He quoted from Sudish Paiโs book: Legends in Law: Our great forebearers that โon the death of CJI Kania in 1951, government intended to supersede Justice Patanjali Shastri and MC Mahajan and appoint Mukherji since he would have a longer tenure. But he was not agreeable and threatened to resign from SC if he was superseding both of them.โ
Doctrine of colourable legislation, where he held that the said doctrine does not concern the bona fide or mala fide intentions of the legislature but rather relates to the question of legislative competence
โกPivotal judgment of Rai Saheb, Ram Jawaya Kapur, where the separation of powers and the definition of executive functions were examined. He also referenced the Shirur Math case, which addressed Hindu law relating to religious endowments, and the Ratilal Gandhi case, which provided a comprehensive definition of constitutional protections for religious liberty
๐3. Justice YV Chandrachud: Constitution is a precious heritage whose identity cannot be destroyed
Critical period in the Indian judiciary, during which he expansively interpreted Article 21 to safeguard the liberties of disadvantaged sections of society. Notable cases mentioned include Gurubaksh Singh Sibbia, where Section 438 of the Code of Criminal Procedure was liberally interpreted to align with the principles of Article 21, and Minerva Mills, where Justice Chandrachud famously stated that the Constitution is a precious heritage that must not have its identity destroyed, regardless of amendments.
when the validity of a statute was in question- โthis court is not a third chamber of the legislature. It has no such extra-territorial ambitions. It is simply the highest court of law and justice governed by a written constitution. The care which we must take while interpreting, we ought not to be swayed by popular sentiments and extraneous considerations.โ
๐4. Justice PN Bhagwati: An institution in himself who expanded concept of justice to common people
โกSukh das Case- Driving force behind the introduction of Public Interest Litigation (PIL) and the emphasis on legal aid in the country.
Affirming the right to life and liberty in cases such as Bandhua Mukti Morcha, where the issue of bonded labor was addressed
โกAjay Hasia case, in which the court established definitive criteria for determining Article 12
โกBacchan singh case- powerful dissent based on the violation of Articles 14 and 21.
๐5. Nani Palkhivala: The one who gave us the Basic structure
Resigned from attorney general position as it was affecting his freedom.
In 1975 when Allahabad HC overturned Indira Gandhiโs election, he agreed to defend her even when he was opposed to her economic policies. He firmly believed that the judiciary should not have the power to dismiss an elected member of parliament on insufficient legal grounds.
After the imposition of emergency, Palkhivala was outraged
๐6. What Blackstone was to Europe, D.D. Basu is to India
Basu's work as a true commentary that elucidates foreign court rulings, making them accessible to Indians unfamiliar with them.
#jurists
#Legal_luminaries@CurrentLegalGK
Legal Stalwarts of India๐1. Justice HR Khanna: Higher calling at the altar of conscience more important than constitutional office
Justice Khanna's powerful dissent in the ADM Jabalpur case during the Emergency in 1975 exemplified his foresight and courage. He was fully aware that his dissent would cost him the esteemed office of the Chief Justice of India. From his autobiography titled "Neither Roses nor Thorns," Justice Khanna reflected on his decision, stating that he had prepared a judgment that would ultimately cost him the position of CJI
๐2. Justice Bijan Mukherjee: Threatened to resign if judicial seniority tampered by government
An instance where such supersession was averted within 2 years of the establishment of the Supreme Court. He quoted from Sudish Paiโs book: Legends in Law: Our great forebearers that โon the death of CJI Kania in 1951, government intended to supersede Justice Patanjali Shastri and MC Mahajan and appoint Mukherji since he would have a longer tenure. But he was not agreeable and threatened to resign from SC if he was superseding both of them.โ
Doctrine of colourable legislation, where he held that the said doctrine does not concern the bona fide or mala fide intentions of the legislature but rather relates to the question of legislative competence
โกPivotal judgment of Rai Saheb, Ram Jawaya Kapur, where the separation of powers and the definition of executive functions were examined. He also referenced the Shirur Math case, which addressed Hindu law relating to religious endowments, and the Ratilal Gandhi case, which provided a comprehensive definition of constitutional protections for religious liberty
๐3. Justice YV Chandrachud: Constitution is a precious heritage whose identity cannot be destroyed
Critical period in the Indian judiciary, during which he expansively interpreted Article 21 to safeguard the liberties of disadvantaged sections of society. Notable cases mentioned include Gurubaksh Singh Sibbia, where Section 438 of the Code of Criminal Procedure was liberally interpreted to align with the principles of Article 21, and Minerva Mills, where Justice Chandrachud famously stated that the Constitution is a precious heritage that must not have its identity destroyed, regardless of amendments.
when the validity of a statute was in question- โthis court is not a third chamber of the legislature. It has no such extra-territorial ambitions. It is simply the highest court of law and justice governed by a written constitution. The care which we must take while interpreting, we ought not to be swayed by popular sentiments and extraneous considerations.โ
๐4. Justice PN Bhagwati: An institution in himself who expanded concept of justice to common people
โกSukh das Case- Driving force behind the introduction of Public Interest Litigation (PIL) and the emphasis on legal aid in the country.
Affirming the right to life and liberty in cases such as Bandhua Mukti Morcha, where the issue of bonded labor was addressed
โกAjay Hasia case, in which the court established definitive criteria for determining Article 12
โกBacchan singh case- powerful dissent based on the violation of Articles 14 and 21.
๐5. Nani Palkhivala: The one who gave us the Basic structure
Resigned from attorney general position as it was affecting his freedom.
In 1975 when Allahabad HC overturned Indira Gandhiโs election, he agreed to defend her even when he was opposed to her economic policies. He firmly believed that the judiciary should not have the power to dismiss an elected member of parliament on insufficient legal grounds.
After the imposition of emergency, Palkhivala was outraged
๐6. What Blackstone was to Europe, D.D. Basu is to India
Basu's work as a true commentary that elucidates foreign court rulings, making them accessible to Indians unfamiliar with them.
And many more to come .......#jurists
#Legal_luminaries@CurrentLegalGK
๐7๐ฅ1๐1
๐งโโPIL For Creation Of National Commission For Men.
Court Analysis
Case - Mahesh Kumar Tiwari vs UOI 2023
#Constitution
@CurrenLegalGK
A PIL was submitted to the Supreme Court asking for the creation of a National Commission for Men to address fears of domestic violence among married males. This commission would be analogous to the National Commission for Women. Through his Public Interest Litigation, attorney Mahesh Kumar Tiwari fought for regulations requiring police stations to take complaints from males about domestic abuse, married menโs suicide, family concerns, and marriage-related problems and report them to the State Human Rights Commission.In addition, he highlighted data from the National Crime Records Bureau that showed of the 1,64,033 suicides that occurred nationwide in 2021, 81,063 were married males and 28,680 were married women.Court Analysis
The Supreme Courtโs division judge bench, consisting of Justices Surya Kant and Dipankar Dutta, declined to hear the argument for the creation of a National Commission for Men to address fears of domestic violence among married males.Case - Mahesh Kumar Tiwari vs UOI 2023
#Constitution
@CurrenLegalGK
๐ฅ4๐1๐ฏ1
๐๏ธ
โ๏ธ High Court Not Appellate Tribunal under Article 226
The first principle underscores that when a High Court issues a writ of certiorari under Article 226, it does not morph into an Appellate Tribunal. Unlike appellate bodies, the High Court abstains from reevaluating the evidence presented before the lower tribunal.
โ๏ธ Substantial Justice through exercise of discretion
The second cardinal principle emphasizes the discretionary nature of Article 226's extraordinary jurisdiction. Even if the High Court identifies an action or order as illegal and invalid, it can choose not to overturn it to ensure that substantial justice prevails among the parties involved. Article 226 offers a unique remedy rooted in addressing legal injury, guided by discretion. This allows the High Court to weigh public interest and equity while rendering decisions. This principle underscores the innate flexibility in this jurisdiction, enabling the High Court to consider not only legal aspects but also practical and equitable considerations.
โ๏ธ History
Justice B.K. Mukherjea observed โIn granting a writ of โcertiorariโ, the superior court does not review or reweigh the evidence upon which the determination of the inferior tribunal purports to be based. It demolishes the order which it considers to be without jurisdiction or palpably erroneous, but does not substitute its own views for those of the inferior tribunalโ
โ๏ธWrit doesnโt extend to correcting errors of fact: (Syed Yakoob v. K.S. Radhakrishnan )
Further shaping the contours of this legal terrain, this case reaffirmed the writ's role in correcting errors of law on the face of the record. However, it clarified that the writ does not extend to errors of fact. Inferior court findings of fact are not open to reexamination by higher courts, even if they seem incorrect. Exceptions arise when an impugned finding has no evidence supporting it or results from the incorrect admission or refusal of evidence. In such instances, the writ can be sought. Nevertheless, a finding of fact cannot be challenged due to insufficient or inadequate evidence before the tribunal.
โ๏ธ Redefining the landscape of โJurisdictional Errorโ
Supreme Court referred to the elucidation by Lord Reid in The Anisminic case which unveiled a comprehensive framework delineating scenarios where a tribunal's decision can be invalidated due to a 'jurisdictional error'. This includes decisions made in bad faith, beyond its power, disregarding natural justice, misunderstanding statutory provisions, and deciding matters outside its remit.
โ๏ธ Threshold for Error Apparent on Record
The court clarified that a mere error of law is inadequate to trigger this extraordinary remedy.
The court observed โIt must be one which is manifest or patent on the face of the record. Mere formal or technical errors, even of law, are not sufficient, so as to attract a writ of certiorari.โ
This critical principle was demonstrated in the case of Satyanarayan Laxminarayan Hegde and Others v. Mallikarjun Bhavanappa Tirumale wherein the court firmly underscored that an error of law must be self-evident or manifest to be considered as an error meriting intervention through a writ of certiorari.
โขNo straightjacket tests to be formulated
โ๏ธPreserving the Finality of Findings
Addressing the significance of preserving the finality of findings made by fact-finding authorities, the Supreme Court highlighted the Indian Overseas Bank v. I.O.B. Staff Canteen Workers' Union case which reiterated the importance of upholding these findings, unless they stem from irrelevant materials or lack a credible basis. Even in the presence of plausible alternative viewpoints, the court cautioned against disturbing these findings without compelling grounds.
โ๏ธ Concept of Error Apparent on Face of
It observed that โAn error which has to be established by a long drawn process of reasoning on points where there may conceivably be two opinions can hardly be said to be an error apparent on the face of the record.โ
@CurrentLegalGK
Principles for issuing Writ of certiorari โ๏ธ High Court Not Appellate Tribunal under Article 226
The first principle underscores that when a High Court issues a writ of certiorari under Article 226, it does not morph into an Appellate Tribunal. Unlike appellate bodies, the High Court abstains from reevaluating the evidence presented before the lower tribunal.
โ๏ธ Substantial Justice through exercise of discretion
The second cardinal principle emphasizes the discretionary nature of Article 226's extraordinary jurisdiction. Even if the High Court identifies an action or order as illegal and invalid, it can choose not to overturn it to ensure that substantial justice prevails among the parties involved. Article 226 offers a unique remedy rooted in addressing legal injury, guided by discretion. This allows the High Court to weigh public interest and equity while rendering decisions. This principle underscores the innate flexibility in this jurisdiction, enabling the High Court to consider not only legal aspects but also practical and equitable considerations.
โ๏ธ History
Justice B.K. Mukherjea observed โIn granting a writ of โcertiorariโ, the superior court does not review or reweigh the evidence upon which the determination of the inferior tribunal purports to be based. It demolishes the order which it considers to be without jurisdiction or palpably erroneous, but does not substitute its own views for those of the inferior tribunalโ
โ๏ธWrit doesnโt extend to correcting errors of fact: (Syed Yakoob v. K.S. Radhakrishnan )
Further shaping the contours of this legal terrain, this case reaffirmed the writ's role in correcting errors of law on the face of the record. However, it clarified that the writ does not extend to errors of fact. Inferior court findings of fact are not open to reexamination by higher courts, even if they seem incorrect. Exceptions arise when an impugned finding has no evidence supporting it or results from the incorrect admission or refusal of evidence. In such instances, the writ can be sought. Nevertheless, a finding of fact cannot be challenged due to insufficient or inadequate evidence before the tribunal.
โ๏ธ Redefining the landscape of โJurisdictional Errorโ
Supreme Court referred to the elucidation by Lord Reid in The Anisminic case which unveiled a comprehensive framework delineating scenarios where a tribunal's decision can be invalidated due to a 'jurisdictional error'. This includes decisions made in bad faith, beyond its power, disregarding natural justice, misunderstanding statutory provisions, and deciding matters outside its remit.
โ๏ธ Threshold for Error Apparent on Record
The court clarified that a mere error of law is inadequate to trigger this extraordinary remedy.
The court observed โIt must be one which is manifest or patent on the face of the record. Mere formal or technical errors, even of law, are not sufficient, so as to attract a writ of certiorari.โ
This critical principle was demonstrated in the case of Satyanarayan Laxminarayan Hegde and Others v. Mallikarjun Bhavanappa Tirumale wherein the court firmly underscored that an error of law must be self-evident or manifest to be considered as an error meriting intervention through a writ of certiorari.
โขNo straightjacket tests to be formulated
โ๏ธPreserving the Finality of Findings
Addressing the significance of preserving the finality of findings made by fact-finding authorities, the Supreme Court highlighted the Indian Overseas Bank v. I.O.B. Staff Canteen Workers' Union case which reiterated the importance of upholding these findings, unless they stem from irrelevant materials or lack a credible basis. Even in the presence of plausible alternative viewpoints, the court cautioned against disturbing these findings without compelling grounds.
โ๏ธ Concept of Error Apparent on Face of
It observed that โAn error which has to be established by a long drawn process of reasoning on points where there may conceivably be two opinions can hardly be said to be an error apparent on the face of the record.โ
@CurrentLegalGK
๐3โค1๐ฅ1
Lawyer's Dress Code: Evolution & Practice- India Legal
https://www.indialegallive.com/special-story/lawyers-dress-code-evolution-practice/
https://www.indialegallive.com/special-story/lawyers-dress-code-evolution-practice/
India Legal
Lawyer's Dress Code: Evolution & Practice- India Legal
Every profession has a certain dress code, and the people belong to a particular profession are recognised by their attire. Dress code is a symbol of confidence, a symbol of discipline and a symbol of profession so as Lawyers dress code.
๐1๐คฏ1
#venkataramani #16thAG #precedents #legalmaxims #day14
In In Re: Presidential Poll v Unknown (1974), the Attorney General said, the Supreme Court elaborated on two legal maxims
๐-Impotentia excusat legem (impossibility in law is excluded) and
๐-lex non cogit ad impossibilia (the law does not compel a man to do anything impossible).
Applying these principles to the case of Article 370, he argued that it was โimpossibleโ to get the recommendation of J&Kโs Constituent Assembly as argued by the petitioners because the Constituent Assembly did not exist after 1957.
๐Quoted by AG.
Venkataramani: Presidentโs powers are not limited by an โimpossibleโ situation
In In Re: Presidential Poll v Unknown (1974), the Attorney General said, the Supreme Court elaborated on two legal maxims
๐-Impotentia excusat legem (impossibility in law is excluded) and
๐-lex non cogit ad impossibilia (the law does not compel a man to do anything impossible).
Applying these principles to the case of Article 370, he argued that it was โimpossibleโ to get the recommendation of J&Kโs Constituent Assembly as argued by the petitioners because the Constituent Assembly did not exist after 1957.
๐Quoted by AG.
Venkataramani: Presidentโs powers are not limited by an โimpossibleโ situation
โ3๐1
#doublemurdercase #J.kaul
#shabbytrial #CJS
The Supreme Court on Friday sentenced former Member of Parliament (MP) and Rashtriya Janata Dal (RJD) leader Prabhunath Singh to life imprisonment in the double murder case of 1995.
In the hearing today, Justice Kaul said 'life or death sentence, there are only two options.'
In a strongly worded judgment, the Supreme Court called the trial "shabby" and the investigation "tainted", which showed the "
โช๏ธ 2008= patna high court acquitted singh, due to lack of evidence.๐
โช๏ธ2012 = Patna high court upheld its prior decision. ๐
โช๏ธEventually ; victim's brother challenged this in the S.C.
Pointing out several lapses in the trial, the Apex Court called the case ๐
"AN EXCEPTIONALLY PAINFUL EPISODE OF OUR CRIMINAL JUSTICE SYSTEM.โ
๐4๐ฅ4
NEW GROUND FOR DIVORCE.
#498(A) #legalterrorism #divorce #ground #2k19 #SC
#HMA
RANI NARASIMHA SASTRY APPELLANT(S)
๐
RANI SUNEELA RANI RESPONDENT(S) (2๏ธโฃ0๏ธโฃ1๏ธโฃ9๏ธโฃ)
The appellant and the respondent got married on 2005 (Andhra Pradesh).
After marriage they lived together until 2007.
and thereafter, they have been living separately for more than 10 years.
Also, the wife had filed an F.I.R. against the husband and her sister-in-law in 2007
๐
498-A of I.P.C.
Prosecution has failed to prove the same beyond all reasonable doubt against theaccused for the offence punishable u/s. 498A IPC.
Acquittedโ๏ธ ๐
The Appellant had approached the court with respect to asking for the dissolution of marriage with the respondent under section 13(1) (i-a) and (iii) of Hindu Marriage Act.
โก๏ธSession court::: NO ground for divorce.
[Fake caseโ cruelty]โฉ๏ธ
โก๏ธHigh court:::UPHELD
[Fake caseโ cruelty]โฉ๏ธ
โก๏ธSUPREME COURT::::overturned
[Fake allegation= cruelty]โฉ๏ธ
GROUND FOR DIVORCE โ๏ธ
Thus, it concluded the discussion by allowing appeal, and granting the decree of divorce.๐
#498(A) #legalterrorism #divorce #ground #2k19 #SC
#HMA
RANI NARASIMHA SASTRY APPELLANT(S)
๐
RANI SUNEELA RANI RESPONDENT(S) (2๏ธโฃ0๏ธโฃ1๏ธโฃ9๏ธโฃ)
The appellant and the respondent got married on 2005 (Andhra Pradesh).
After marriage they lived together until 2007.
and thereafter, they have been living separately for more than 10 years.
Also, the wife had filed an F.I.R. against the husband and her sister-in-law in 2007
๐
498-A of I.P.C.
Prosecution has failed to prove the same beyond all reasonable doubt against theaccused for the offence punishable u/s. 498A IPC.
The Appellant had approached the court with respect to asking for the dissolution of marriage with the respondent under section 13(1) (i-a) and (iii) of Hindu Marriage Act.
โก๏ธSession court::: NO ground for divorce.
[Fake caseโ cruelty]โฉ๏ธ
โก๏ธHigh court:::UPHELD
[Fake caseโ cruelty]โฉ๏ธ
โก๏ธSUPREME COURT::::overturned
[Fake allegation= cruelty]โฉ๏ธ
GROUND FOR DIVORCE โ๏ธ
Thus, it concluded the discussion by allowing appeal, and granting the decree of divorce.๐
๐ฅ7๐4โค1
๐Govt. to provide infrastructure & financial assistance in conducting trial for different disabled person.
It was directed to Delhi Govt. to provide infrastructure & financial assistance for procuring essential electronic gadgets for conducting trial in cases where the person accused is different disabled.
Delhi HC
Case - Rakesh Kumar kalra Deaf Divayang vs State Govt of NCT Delhi 2023
@CurrentLegalGK
It was directed to Delhi Govt. to provide infrastructure & financial assistance for procuring essential electronic gadgets for conducting trial in cases where the person accused is different disabled.
No citizen in this country should feel that due to his physical or mental disability, justice was not done to him either due to lack of material infrastructure or moral, ethical, sensitive & understanding by the Judicial system & court. [Justice Swarana Kanta Sharma].Delhi HC
Case - Rakesh Kumar kalra Deaf Divayang vs State Govt of NCT Delhi 2023
@CurrentLegalGK
๐3
Myth and Reality of the Khap Panchayats: A Historical Analysis of the Panchayat and Khap Panchayat* - Suraj Bhan Bharadwaj, 2012
https://journals.sagepub.com/doi/abs/10.1177/0257643013477250?journalCode=siha
https://journals.sagepub.com/doi/abs/10.1177/0257643013477250?journalCode=siha
Sage Journals
Myth and Reality of the Khap Panchayats: A Historical Analysis of the Panchayat and Khap Panchayat* - Suraj Bhan Bharadwaj, 2012
During the past few years, marriages within โgotraโ (clan) of the Jat community have come into the limelight. Frequently, those couples who have eloped have bee...
๐2๐ฅ1
List_of_leading_cases_and_short_notes_given_by_the_Mr_F_S_Nariman.pdf
1.2 MB
Leading case laws by fali s nariman woth headnotes and grouping of case laws subject wise
#Legal_luminaries@CurrentLegalGK
#Legal_luminaries@CurrentLegalGK
๐3๐1