✍️ Artificial Intelligence - Importance in Indian Judiciary

Basic #essay Material

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🌅 #Quote

"Justice under our Constitution must mean the right to expect fair treatment from an administrative authority; and, if not, the right to approach a court for redressal. Justice cannot be an empty promise,"


~ Jijabhai dashrath shinde v. Maharastra, 2024

☺️ How to find Ratio decidendi?

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🔆On the Right of maintenence for divorce Muslim women

The Supreme Court is set to decide if divorced Muslim women can claim maintenance under Section 125 of the Criminal Procedure Code (CrPC), challenging the precedence of secular laws over personal laws.

Section 125 CrPC allows for the maintenance of destitute wives, children, and parents, including divorced women who haven't remarried.

The Muslim Women (Protection of Rights on Divorce) Act, 1986, provides maintenance to divorced Muslim women only during the iddat period, with the Supreme Court's previous rulings expanding rights beyond this period.

Discussion revolves around the non-obstante clause in Section 3 of the 1986 Act, which does not explicitly bar alternative relief under Section 125 CrPC, sparking a need for an authoritative pronouncement.

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👨‍⚖️👨‍⚖️ Regional Benches of Supreme court

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Master Of Roster Business Should Be Dealt By First 3 Judges: Former SC Judge Justice Kurian Joseph
https://www.livelaw.in/top-stories/cjar-seminar-master-of-roster-business-be-dealt-by-first-3-judges-former-justice-kurian-joseph-250376

Currently by CJI/CJ/DJ

Now, the trend in the Supreme Court is that if a case is posted before a bench, people are able to predict what the result is," he said.

Solution- More Diversity in Constitutional benches, remove arbitrary act of master of roaster by 3 senior judges.

🌟 Read them-
https://t.me/CurrentLegalGK/1594
https://t.me/CurrentLegalGK/2178
https://t.me/CurrentLegalGK/1557

Imp- https://t.me/CurrentLegalGK/1564

Donor gametes are allowed: what the new rule on surrogacy says 🔗
#surrogacy_bill

✍️👨‍⚖️ Essay Topic -

District Judiciary - Part of the Basic structure of the Constitution

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😉 Study Material for New Laws 😎

We were prepared for this already 🔥
https://t.me/CurrentLegalGK/2006

One Bench Of High Court Cannot Cancel Bail Granted By Another Bench : Supreme Court
https://www.livelaw.in/supreme-court/one-bench-of-high-court-cannot-cancel-bail-granted-by-another-bench-supreme-court-250399

Right To Property Under Article 300A Available To A Person Who Isn't A Citizen Of India : Supreme Court
https://www.livelaw.in/supreme-court/right-to-property-under-article-300a-available-to-a-person-who-isnt-a-citizen-of-india-supreme-court-250381

🏡 Lucknow Nagar Nigam v. kohli Brothers, 2024

The Supreme Court expressed concerned that if the ownership of the property gets transferred from the enemy to the Custodian who takes possession of the property and administers it or manages it and thereby the ownership would then be that of the Union, in that event, it would be a deprivation of the property of the true owner who may be an enemy or an enemy subject or enemy firm but such deprivation of property cannot be without payment of compensation.

“The expression person in Article 300-A covers not only a legal or juristic person but also a person who is not a citizen of India. The expression property is also of a wide scope and includes not only tangible or intangible property but also all rights, title and interest in a property”,


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"Once Buried, A Body Should Not Be Disturbed" : Supreme Court Suggests Enactment Of Law On Exhumation
https://www.livelaw.in/top-stories/supreme-court-consider-legislation-exhumation-dead-body-209049

Exhumation under Section 176(3) CrPC

The lawful authority for exhumation is contained in Section 176(3), CrPC, 1973. This activity is permitted for the purpose of crime detection and other such pressing situations. Whenever there is a suspicion of foul play like homicide, criminal abortion, disputed cause of death, poisoning etc. exhumation may be carried out for the purpose of postmortem examination.

Even a dead person has the right of treatment to his body with respect and dignity

It goes without saying that the right to live a dignified life as enshrined under Article 21 of the Constitution is not only available to a living person but also to the "dead". Even a dead person has the right of treatment to his body with respect and dignity which he would have deserved had he been alive, subject to his tradition, culture and religion which he professed. These rights are not only for the deceased but, his family members also have a right to perform the last rites in accordance with the religious traditions. 

Disinterment is not a matter of right

After a body has been buried, it is considered to be in the custody of the law; therefore, disinterment is not a matter of right. The disturbance or removal of an interred body is subject to the control and direction of the court. The law does not favour disinterment, based on the public policy that the sanctity of the grave should be maintained. Once buried, a body should not be disturbed. A court will not ordinarily order or permit a body to be disinterred unless there is a strong  showing of necessity that disinterment is within the interests of justice. Each case is individually decided, based on its own particular facts and circumstances.

Read More about legality of Exhumation- https://legaldesire.com/read-to-know-all-about-exhumation/#:~:text=In%20India%2C%20no%20time%20limit,in%20the%20interest%20of%20Justice

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👨‍⚖️Want Your Name here?

Those who are desperately waiting must learn this oath and make your own video today as memory for that day 😄

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💭✍️ If you want model essay then Send your practice essays guys 👇

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