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β€œIn law a man is guilty when he violates the rights of others. In ethics he is guilty if he only thinks of doing so.”

~ Immanuel Kant



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Transfer of Malice under Indian Penal Code. – The Blog of Bharat Chugh

#Question

1. Does the doctrine of transmigration of malice applies to Grevious Hurt or In Hurt cases❓

2. A with intention to hurt πŸ€• B beats him suddenly a Women with her child intervened and Child dies due to the Act of beating by A. Decide with provisions of IPC or ratio of any relevant case.

Also read: https://bharatchugh.in/2012/04/03/transfer-of-malice-under-indian-penal-code/

Answer : CHATUR NATHA, (1919) 21 BOM. L.R. 1101.
✍️ NHPC Ltd v. State of HP, 2023

Legislature cannot directly set aside a judicial decision. However, when a competent legislature retrospectively removes the substratum or foundation of a judgment to make the decision ineffective, the same is a valid legislative exercise provided it does not transgress on any other constitutional limitation. Such a legislative device which removes the vice in the previous legislation which has been declared unconstitutional is not considered to be an encroachment on judicial power but an instance of abrogation recognised under the Constitution of India,” said the court.

Thus, the bench held that it is open to the legislature to alter the law retrospectively, provided the alteration is made in such a manner that it would no more be possible for the Court to arrive at the same verdict. β€œIn other words, the very premise of the earlier judgment should be removed, thereby resulting in a fundamental change of the circumstances upon which it was founded,” the court added.

However, the bench said that the legislature cannot validate the acts carried out under a previous legislation which has been struck down by a Court, by passing a subsequent legislation without curing the defects in the legislation.

Election commission Act ke answer me quote krdena

Kya BNS 377 removal bhi isi me ayega? Comment


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β˜€οΈ Right to Health Cases, asked in essays.

The Supreme Court has repeatedly observed that the expression β€œlife” in Article 21 means a life with human dignity and not mere survival or animal existence Francis Coralie Mullin vs The Administrator, Union Territory of Delhi 

πŸ’―Other Article 21 Judgments can also be related.

β˜€οΈDPSP provisions-
πŸ‘‰Promote the welfare of its people (Art.38);
Protect their health and strength from abuse (Art 39(e))

πŸ‘‰Provide public assistance in case of sickness, disability or β€œundeserved want” (Art 41)

πŸ‘‰Ensure just and humane conditions of work; and

πŸ‘‰Raise nutrition levels, improve the standard of living and consider improvement of public health as its primary duty (Art 47).

βœ“Article 19 Restrictions
βœ“Schedule 7 entries
βœ“Schedule 11 and 12 entries
βœ“IPC 304A - BNS 106


This much legal content is enough for essay just elaborate connect and comment in essay with quotes etc.

Comment recent cases & any other laws or general laws provisions directly related to healthπŸ‘‡

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