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 🤕 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. “In 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

#case_brief

@CurrentLegalGK

What are the origins of saluting? | HistoryExtra

Salute - 🫡 history
https://www.historyextra.com/period/what-are-the-origins-of-saluting/

☀️ Day 12 Dr. Balram singh vs Dr. kunal saha 2013

Medical negligence

#64_cases
@CurrentLegalGK

☀️ Right to Health Cases, asked in essays.

The Supreme Court has repeatedly observed that the expression “life” 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 

💯Other Article 21 Judgments can also be related.

☀️DPSP provisions-
👉Promote the welfare of its people (Art.38);
Protect their health and strength from abuse (Art 39(e))

👉Provide public assistance in case of sickness, disability or “undeserved want” (Art 41)

👉Ensure just and humane conditions of work; and

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

✓Article 19 Restrictions
✓Schedule 7 entries
✓Schedule 11 and 12 entries
✓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 health👇

@CurrentLegalGK

✍️ Key aspects of Article 370

Context and Relevance: Try to focus on the core constitutional aspects touched upon - Article 1,3, 356, Bommai Judgement etc.

Source: IE
@CurrentLegalGK

📚📒💭💬Important Essays book on reaching -
7K Members Family 😎

Larger the family the bigger our asset (discussion, co-operation & comnections)

We don't want to make this channel a mere study material and guidance platform the real assets are you especially the active members, hardly there are 20-25% active members in every group out of the total members so try to increase the members reach (yes! share krne ko bol rha hun 😎)

Bhala isme aapka subka hai jitni jaldi 7k utni jaldi books 📚.

Waise already there is enough material still we will keep adding the quality and relevant material for you all.

Stay tuned (⁠◠⁠‿⁠◕⁠)
@CurrentLegalGK

💭 #Quote


“The well-being of the individual depends on the good of his community and therefore, the recognition and protection of the group or cultural rights of the community is not less important than the just distribution of the freedom and equality rights to the individuals.”

— Charles Taylor


@CurrentLegalGK

Water Theft – strict laws and severe punishment needed
https://timesofindia.indiatimes.com/readersblog/mythoughtsviews/water-theft-strict-laws-and-severe-punishment-needed-22192/

Section 135 of the Electricity Act, 2003, the theft of electricity is punishable with imprisonment for a term, which may extend to three years or fine or both. The theft of electricity means whoever dishonestly indulges in the following:
✓Taking direct supply without electric meter.
✓Tampering of electric meter, loop connection or any other device or method which interferes the accurate registration of the meter.
✓Damaging/ disturbing an electric meter, apparatus, equipment or wire to interfere accurate metering of electricity.
✓Usage of electricity through tampered electric meter.
✓Usage of electricity other than which the usage of electricity is authorized.

@CurrentLegalGK

🙂 Contract of Service vs Contract for Service.

🙇Of - More control of employer
🤝For - Independence given to worker

✍️ Case- Araya pratinidhi sabha vs Arvind niketaan charthawal 1979

#IPR #Author
@CurrentLegalGK

😉 Day 13

P.A. Inamdar vs State of Maharashtra 2005

Reservation in Private unaided educational institutions
#64_cases
@CurrentLegalGK

Role of AI in Legal Education/Law Practice
https://docs.google.com/forms/d/e/1FAIpQLSdFg4k-WCS_5Rs6a6OU8W2DzYJyf8rKCF28Ox5RRawGm7gfRw/viewform

Do Registration for JANUARY 31st and NOT 29th February, we will watch concurrently.

Just Remind me on that Day and before Time 😝


@CurrentLegalGK

Letters to Emilie Schenkl, 1934-1942-8 Must Read Books by Subhas Chandra Bose
https://m.timesofindia.com/education/news/8-must-read-books-by-subhas-chandra-bose/photostory/105007795.cms

☀️ #Quote

@CurrentLegalGK