A Perfectly Valid Provision Can't be 'Read Down' Just Because It Imposes Harsher Consequences: Supreme Court
https://www.livelaw.in/supreme-court/a-perfectly-valid-provision-cant-be-read-down-just-because-it-imposes-harsher-consequences-supreme-court-248427
https://www.livelaw.in/supreme-court/a-perfectly-valid-provision-cant-be-read-down-just-because-it-imposes-harsher-consequences-supreme-court-248427
www.livelaw.in
A Perfectly Valid Provision Can't be 'Read Down' Just Because It Imposes Harsher Consequences: Supreme Court
The Supreme Court, in a recent judgment, observed that if a plain r
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A Perfectly Valid Provision Can't be 'Read Down' Just Because It Imposes Harsher Consequences: Supreme Court https://www.livelaw.in/supreme-court/a-perfectly-valid-provision-cant-be-read-down-just-because-it-imposes-harsher-consequences-supreme-court-248427
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The Supreme Court, in a recent judgment, observed that if a plain reading of a clause fulfills the object and purpose of the statute, then the rule of 'Reading Down' the clause would not be applied just because the clause imposes harsher consequences.
Disagreeing with the observation made by the High Court, the Bench comprising CJI DY Chandrachud, Justices JB Pardiwala, and Manoj Misra, observed that the rule of 'reading down' the provision should not be applied at the first instance but should always be the last resort, i.e., only when the court finds that a particular provision, if for its plain meaning, cannot be saved from invalidation. Thus, by restricting or reading it down, the court makes it workable to salvage and save the provision from invalidation.
โWhen a court encounters a provision that, if interpreted according to its plain and literal meaning, might lead to constitutional or legal issues, the court may opt to read down the provision. Reading down involves construing the language of the provision in a manner that limits its scope or application, making it consistent with constitutional or legal principles.โ
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Reading downThe Supreme Court, in a recent judgment, observed that if a plain reading of a clause fulfills the object and purpose of the statute, then the rule of 'Reading Down' the clause would not be applied just because the clause imposes harsher consequences.
Disagreeing with the observation made by the High Court, the Bench comprising CJI DY Chandrachud, Justices JB Pardiwala, and Manoj Misra, observed that the rule of 'reading down' the provision should not be applied at the first instance but should always be the last resort, i.e., only when the court finds that a particular provision, if for its plain meaning, cannot be saved from invalidation. Thus, by restricting or reading it down, the court makes it workable to salvage and save the provision from invalidation.
โWhen a court encounters a provision that, if interpreted according to its plain and literal meaning, might lead to constitutional or legal issues, the court may opt to read down the provision. Reading down involves construing the language of the provision in a manner that limits its scope or application, making it consistent with constitutional or legal principles.โ
@CurrentLegalGK
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DAY_25_TMA_Pai_Foundation_and_Ors_v_State_of_Karnataka_and_Ors_2002.pdf
1.9 MB
๐ Day 25 - TMA Pai Foundation and Ors v State of Karnataka and Ors [2002] Supp 3 SCR 587.
Minorities unaided educational institutions control and Administration.
#64_cases.
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Minorities unaided educational institutions control and Administration.
#64_cases.
@CurrentLegalGk
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Answer the given question below ๐
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Kapur singh vs state of pepsu, 1956Distinction between section 299 and 300 thirdly.
Answer the given question below ๐
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X inflicted as many as 19 injuries on the arms and legs of Y with a gandasa, resulting in multiple fractures on arms and legs and also profuse bleedings. The injuries cumulatively caused the death of Y. X is tried for the offence of murder under section 302 of the Indian Penal Code. Determine the criminal liability of X from the alternatives given below:
A. Since X inflicted injuries only on nonvital parts of the body, hence he could not be attributed with intention to kill and therefore, cannot be held guilty of the offence of murder but only of culpable homicide not amounting to murder
B. Even though the accused did not have the intention to cause death but, nonetheless, he had intention to cause the injuries on the body of Y and the injuries so caused were thereby cumulatively sufficient to cause death in the ordinary course of nature and so his case falls under Section 300
C. Since injuries were only on non-vital parts of the body, and there was no intention to cause death, the accused is liable only to be punished for the offence of voluntarily causing grievous hurt by dangerous weapon
D. The liability of X can at best be causing death by rash act not amounting to culpable homicide
--> Answer ๐
1. Which option is correct,
2. What was his intention as well as motive?
3. Why not 300 thirdly?
@CurrentLegalGK
A. Since X inflicted injuries only on nonvital parts of the body, hence he could not be attributed with intention to kill and therefore, cannot be held guilty of the offence of murder but only of culpable homicide not amounting to murder
B. Even though the accused did not have the intention to cause death but, nonetheless, he had intention to cause the injuries on the body of Y and the injuries so caused were thereby cumulatively sufficient to cause death in the ordinary course of nature and so his case falls under Section 300
C. Since injuries were only on non-vital parts of the body, and there was no intention to cause death, the accused is liable only to be punished for the offence of voluntarily causing grievous hurt by dangerous weapon
D. The liability of X can at best be causing death by rash act not amounting to culpable homicide
--> Answer ๐
1. Which option is correct,
2. What was his intention as well as motive?
3. Why not 300 thirdly?
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Salary increase - from 80k to 130k (approx) isn't it a good motivation.
If not then - Only 21 judges per 10 lakh of population, you will be unique.
If not again, you will get a lot of respect within your taana marne wale relatives.
๐คด Most importantly, king used to have 3 functions legislative, executive and judiciary, you will be performing one of them.
Ultimately you will make your family proud ๐ฏ and will help society by providing Justice.
In sub ke liye mehnat karna zaroori nahi hai kya? Kuch to eligible bhi nhi h jo h vo kadr kro attempts ki they are valuable, kisi ache UPSC aspirant ko dekhna hardwork kya hota hai pata chalega agar vo bhi na dikhe to kahi pe construction work ho raha hoga waha majdoor sahab ko dekhlena
Kehne ka matlab hai: Don't only collect material but use them, take benefit of opportunities.
@CurrentLegalGK
MotivationSalary increase - from 80k to 130k (approx) isn't it a good motivation.
If not then - Only 21 judges per 10 lakh of population, you will be unique.
If not again, you will get a lot of respect within your taana marne wale relatives.
๐คด Most importantly, king used to have 3 functions legislative, executive and judiciary, you will be performing one of them.
Ultimately you will make your family proud ๐ฏ and will help society by providing Justice.
In sub ke liye mehnat karna zaroori nahi hai kya? Kuch to eligible bhi nhi h jo h vo kadr kro attempts ki they are valuable, kisi ache UPSC aspirant ko dekhna hardwork kya hota hai pata chalega agar vo bhi na dikhe to kahi pe construction work ho raha hoga waha majdoor sahab ko dekhlena
Kehne ka matlab hai: Don't only collect material but use them, take benefit of opportunities.
@CurrentLegalGK
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system_of_addressing_the_judges_in_25_different_countries_of_the.pdf
1.2 MB
๐จโโ๏ธ
RJS #Interview Question - Justice is used before which judge
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How to address a judge? WorldwideRJS #Interview Question - Justice is used before which judge
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The Federal Court, which served as the predecessor to the Supreme Court, did not employ the seniority convention. The seniority principle evolved after the death of the first Chief Justice of India, H.J. Kania, when Prime Minister Jawaharlal Nehru wanted to appoint Justice M.C. Chagla as the Chief Justice of India. Interestingly, Chagla J was then the Chief Justice of the Bombay High Court. Six Judges of the Supreme Court threatened to resign if Chagla J was appointed as the CJI instead of Justice Patanjali Shastri, who was the senior-most Judge of the Supreme Court at the time. The Prime Minister eventually appointed Shastri J as the Chief Justice. Since then, it has been a convention that the senior-most Judge of the Court is appointed as the CJI.
๐ฎ 3 exceptions
1. Justice Gajendragadkar
2. Justice A.N. Ray
3. Justice M.H. Beg
@CurrentLegalGK
Seniority appointment of CJIThe Federal Court, which served as the predecessor to the Supreme Court, did not employ the seniority convention. The seniority principle evolved after the death of the first Chief Justice of India, H.J. Kania, when Prime Minister Jawaharlal Nehru wanted to appoint Justice M.C. Chagla as the Chief Justice of India. Interestingly, Chagla J was then the Chief Justice of the Bombay High Court. Six Judges of the Supreme Court threatened to resign if Chagla J was appointed as the CJI instead of Justice Patanjali Shastri, who was the senior-most Judge of the Supreme Court at the time. The Prime Minister eventually appointed Shastri J as the Chief Justice. Since then, it has been a convention that the senior-most Judge of the Court is appointed as the CJI.
๐ฎ 3 exceptions
1. Justice Gajendragadkar
2. Justice A.N. Ray
3. Justice M.H. Beg
@CurrentLegalGK
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WJPIndex2023.pdf
19.6 MB
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2023_Global_Law_and_Order_Report.pdf
7.4 MB
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MPCJ ๐ mains
Jinke bhi marks 115-120 hai yaha send krdo apna score ka proof we will help you.
https://t.me/JUDICIARY_MAINS_GROUP
Jinke bhi marks 115-120 hai yaha send krdo apna score ka proof we will help you.
https://t.me/JUDICIARY_MAINS_GROUP
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1. Home Minister's speech (for interpretation)
2. Ready reckoners of the new changes and offences.
๐ Latest Bare Acts- https://t.me/CurrentLegalGK/1103?single
๐ Comparative Sections-
https://t.me/CurrentLegalGK/2066
๐ Bare Acts with comments
https://t.me/CurrentLegalGK/2787
๐ Summary
https://t.me/CurrentLegalGK/2635
https://t.me/CurrentLegalGK/1165
๐ Summary comparisonโ
https://t.me/CurrentLegalGK/3300?single
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Reading Material For BNS BNSS and BSA 1. Home Minister's speech (for interpretation)
2. Ready reckoners of the new changes and offences.
๐ฅณ๐คฉ Criminal Manualโ
https://t.me/CurrentLegalGK/3413
๐ Latest Bare Acts- https://t.me/CurrentLegalGK/1103?single
๐ Comparative Sections-
https://t.me/CurrentLegalGK/2066
๐ Bare Acts with comments
https://t.me/CurrentLegalGK/2787
๐ Summary
https://t.me/CurrentLegalGK/2635
https://t.me/CurrentLegalGK/1165
๐ Summary comparisonโ
https://t.me/CurrentLegalGK/3300?single
@CurrentLegalGK
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HM Shri Amit Shah speaking in the Lok Sabha on three new criminal law bills (20 Dec 2023)
https://youtu.be/6lhME2LiXos
https://youtu.be/6lhME2LiXos
YouTube
HM Shri Amit Shah speaking in the Lok Sabha on three new criminal law bills (20 Dec 2023)
HM Shri Amit Shah speaking in the Lok Sabha on three new criminal law bills.
With English Subtitle - https://youtu.be/hbL060TT-jc
With English Subtitle - https://youtu.be/hbL060TT-jc
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