CPC DIGEST 2023 @CurrentLegalGK.pdf
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1. Precedent is made from decision or the reasoning of decision?
โFactual Questionsโ
If there is a 5 judge constitutional bench deciding the constitutionality of a law gives a decision in 3:2 split verdict, now the 3 majority judges decision is same but the reasoning differs.
2. What will happen if the reasoning of every judge is different? Will that become a precedent?
3. What if 2 judges have same reasoning and 1 differs in his/her reasoning.
4. A court is bound by statute or by the decisions of superior courts?
Ratio decidendi
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Conceptual Question 1 of 20241. Precedent is made from decision or the reasoning of decision?
โFactual Questionsโ
If there is a 5 judge constitutional bench deciding the constitutionality of a law gives a decision in 3:2 split verdict, now the 3 majority judges decision is same but the reasoning differs.
2. What will happen if the reasoning of every judge is different? Will that become a precedent?
3. What if 2 judges have same reasoning and 1 differs in his/her reasoning.
4. A court is bound by statute or by the decisions of superior courts?
Ratio decidendi
#Discernible_Topics @CurrentLegalGK
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1. Sunderaramier & Co. v. State of Andhra Pardes, AIR 1958
Similarly, a tax can be imposed retrospectively.
2. Jawala Ram v. Pepsu, AIR 1962
Imposing retrospectively special rates for unauthorized use of canal water is not hit by Art. 20(1).
3. Union of India v.Sukumar, 1966
Art. 20(1) does not make a right to any course of procedure a vested right. Thus, a law which retrospectively changes the venue of trial of an offence from a criminal court to an administrative tribunal is not hit by Art. 20(1).
4. Shiv Bahadur v. Vindhya Pardesh, AIR 1953
A change in court entitled to try an offence is not hit by Art. 20(1).
5. Sajjan singh v. state of punjab 1964
Similarly, a rule of evidence can be made applicable to the trial of an offence committed earlier.
@CurrentLegalGK
Some Exceptions to Article 20(1) through Landmark Judgments.
1. Sunderaramier & Co. v. State of Andhra Pardes, AIR 1958
Similarly, a tax can be imposed retrospectively.
2. Jawala Ram v. Pepsu, AIR 1962
Imposing retrospectively special rates for unauthorized use of canal water is not hit by Art. 20(1).
3. Union of India v.Sukumar, 1966
Art. 20(1) does not make a right to any course of procedure a vested right. Thus, a law which retrospectively changes the venue of trial of an offence from a criminal court to an administrative tribunal is not hit by Art. 20(1).
4. Shiv Bahadur v. Vindhya Pardesh, AIR 1953
A change in court entitled to try an offence is not hit by Art. 20(1).
5. Sajjan singh v. state of punjab 1964
Similarly, a rule of evidence can be made applicable to the trial of an offence committed earlier.
Can you mention any recent landmark case on Protection against Ex post facto lawsโ
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Which was the first case when it was held that ex post facto law principle will not apply to procedural laws.
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#question
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๐๏ธ๐ Elastic Note Taking Method For Law Students by @CurrentLegalGK Cornell Note Making Do share a sample using this method โ
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Use our Channel Posts and extract the relevant part for you and note it down in the bottom segment of this Note Taking Methodโ1๐ฅ1
HPSC-HCS-Judicial-Recruitment-2024-Notification.pdf
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HPSC-HCS-Judicial-Recruitment-2024-Notification.pdf
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HPSC-HCS-Judicial-Recruitment-2024-Notification.pdf
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Exam 3rd March, which means 2 months exact - 62 Days from Today.
Aaj hi Plan banalo ek do YT video dekhlo jo krna hai aaj hi kro.
Kal se shuru krdo and MCQs practice ร4 krdo with approx 100 MCQs in 40 Mins time bound ratio.
Baaki Koi bhi help chahiye to aapko pata hai kaha likhna hai ๐๐
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Agyi Bhai haryana ki vacancy.Exam 3rd March, which means 2 months exact - 62 Days from Today.
Aaj hi Plan banalo ek do YT video dekhlo jo krna hai aaj hi kro.
Kal se shuru krdo and MCQs practice ร4 krdo with approx 100 MCQs in 40 Mins time bound ratio.
Baaki Koi bhi help chahiye to aapko pata hai kaha likhna hai ๐๐
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Haryana-Judicial-Service-Prelims-Exam-2011.pdf
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2008 2009 2010 2011 haryana prelims papers with answer key