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

📉 Reading down

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.

“When 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.”

@CurrentLegalGK

🌟 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.
@CurrentLegalGk

😮 Kapur singh vs state of pepsu, 1956

Distinction between section 299 and 300 thirdly.

Answer the given question below 👇
@CurrentLegalGK

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 👇
1. Which option is correct,
2. What was his intention as well as motive?
3. Why not 300 thirdly?


@CurrentLegalGK

🌅 Motivation

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.

🤴 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 💯 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

👨‍⚖️How to address a judge? Worldwide

RJS #Interview Question - Justice is used before which judge


@CurrentLegalGK

😎 Seniority appointment of CJI

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.

😮 3 exceptions
1. Justice Gajendragadkar
2. Justice A.N. Ray
3. Justice M.H. Beg
@CurrentLegalGK

WJP, world justice project rule of law Index 2023

@CurrentLegalGK

2023_Global_Law_and_Order_Report

@CurrentLegalGK

Law clerk

MPCJ 🙂 mains

Jinke bhi marks 115-120 hai yaha send krdo apna score ka proof we will help you.

https://t.me/JUDICIARY_MAINS_GROUP

🌟 Day 26 -
• A R Antulay v R S Nayak and Anr [1988] Supp 1 SCR 1

#64_cases
@currentlegalgk

Mercy Petition under BNSS, new crpc

2 pages
@CurrentLegalGK

🔥 Reading Material For BNS BNSS and BSA


1. Home Minister's speech (for interpretation)
2. Ready reckoners of the new changes and offences.

🥳🤩 Criminal Manual—
https://t.me/CurrentLegalGK/3413

🌟 Latest Bare Acts- https://t.me/CurrentLegalGK/1103?single

🌟 Comparative Sections-
https://t.me/CurrentLegalGK/2066

🌟 Bare Acts with comments
https://t.me/CurrentLegalGK/2787

🌟 Summary
https://t.me/CurrentLegalGK/2635
https://t.me/CurrentLegalGK/1165

🎁 Summary comparison—
https://t.me/CurrentLegalGK/3300?single



@CurrentLegalGK

HM Shri Amit Shah speaking in the Lok Sabha on three new criminal law bills (20 Dec 2023)
https://youtu.be/6lhME2LiXos