Understanding Of People's Problems Makes Us Better Lawyers And Judges, Not Just Legal Knowledge : CJI DY Chandrachud
https://www.livelaw.in/top-stories/cji-dy-chandrachud-supreme-court-bar-association-felicitation-event-250758
https://www.livelaw.in/top-stories/cji-dy-chandrachud-supreme-court-bar-association-felicitation-event-250758
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Understanding Of People's Problems Makes Us Better Lawyers And Judges, Not Just Legal Knowledge : CJI DY Chandrachud
In a felicitation function organised by the Supreme Court Bar Association (SCBA) for the newly sworn-in judges, Chief Justice DY Chandrachud shared insightful wisdom for judges and young lawyers,...
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Understanding Of People's Problems Makes Us Better Lawyers And Judges, Not Just Legal Knowledge : CJI DY Chandrachud https://www.livelaw.in/top-stories/cji-dy-chandrachud-supreme-court-bar-association-felicitation-event-250758
βI believe decision-making is somewhat like, to borrow the words of a distinguished scholar, riding a bicycle. If you are teetering out of control, it is unlikely that a complicated theory will help you restore the balance. In the moments of imbalance, we are unlikely to find solutions in very complicated, theoretical statements of the law or policy. The stabilising influence in such moments of crisis is often a very simple idea of justice. The strength of a simple idea lies in the fact that it comes from the vast experience of a judge as a lawyer, as a student of the law, and as a discerning, observing member of the society.β
@CurrentLegalGK
@CurrentLegalGK
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https://youtu.be/WkhrL8NMycU
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If you are born today then learn maths to understand your birth datehttps://youtu.be/WkhrL8NMycU
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YouTube
Neil deGrasse Tyson Explains Why We Have Leap Days
Whatβs going on with Leap Year? Neil deGrasse Tyson and comedian Chuck Nice explain why we sometimes have that extra day in February.
Learn about the rotation and orbit of the Earth and how our orbit isnβt exactly 365 days. What is the difference betweenβ¦
Learn about the rotation and orbit of the Earth and how our orbit isnβt exactly 365 days. What is the difference betweenβ¦
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π If you are born today then learn maths to understand your birth date https://youtu.be/WkhrL8NMycU @CurrentLegalGK
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The Gregorian Calendar was then introduced on October 4th 1582 and, to realign it to the Julian Calendar, it was necessary to eliminate ten days by passing directly to October 15. And therefore from 5 to 14 October no one was born, no one died. Nothing happened.
Leap year on every year divisible by 4 and 400 but not every 100 year due to 365.2422 days in a revolution (not a round figure) so Yes 2000 was an Amazing Year which was divisible by 400.
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Fact on leap year πThe Gregorian Calendar was then introduced on October 4th 1582 and, to realign it to the Julian Calendar, it was necessary to eliminate ten days by passing directly to October 15. And therefore from 5 to 14 October no one was born, no one died. Nothing happened.
Leap year on every year divisible by 4 and 400 but not every 100 year due to 365.2422 days in a revolution (not a round figure) so Yes 2000 was an Amazing Year which was divisible by 400.
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FAQ_Disabilities.pdf
92.6 KB
Reservation to person with disability that is PWD reservation frequently asked questions.
FAQ_Disabilities
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FAQ_Disabilities
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FAQ_Disabilities.pdf
π 21 disabilities recognized in India
The disabilities approved by Rights of Persons with Disabilities Act of 2016 lists 21 types: Blindness; Low Vision; Leprosy Cured persons; Locomotor Disability; Dwarfism; Intellectual Disability; Mental Illness; Cerebral Palsy; Specific Learning Disabilities; Speech and language disability; Hearing Impairment (Deaf and Hard of Hearing); Muscular Dystrophy; Acid Attack Victim; Parkinsonβs disease; Multiple Sclerosis; Thalassemia; Haemophilia; Sickle Cell disease; Autism Spectrum Disorder; Chronic Neurological conditions; Multiple Disabilities including Deaf Blindness.
Acid Attack victim included β
#Question
1. Do you think there should be reservation to PWD on essentially high posts that deals with national interest on daily basis?
2. Do you think Reservation yo PWD is justified? What are its demerits, does this not affect the public work, is there any alternative?
3. Do you think a PWD child should go to a different school or same school as that with normal children?
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The disabilities approved by Rights of Persons with Disabilities Act of 2016 lists 21 types: Blindness; Low Vision; Leprosy Cured persons; Locomotor Disability; Dwarfism; Intellectual Disability; Mental Illness; Cerebral Palsy; Specific Learning Disabilities; Speech and language disability; Hearing Impairment (Deaf and Hard of Hearing); Muscular Dystrophy; Acid Attack Victim; Parkinsonβs disease; Multiple Sclerosis; Thalassemia; Haemophilia; Sickle Cell disease; Autism Spectrum Disorder; Chronic Neurological conditions; Multiple Disabilities including Deaf Blindness.
Acid Attack victim included β
#Question
1. Do you think there should be reservation to PWD on essentially high posts that deals with national interest on daily basis?
2. Do you think Reservation yo PWD is justified? What are its demerits, does this not affect the public work, is there any alternative?
3. Do you think a PWD child should go to a different school or same school as that with normal children?
@CurrentLegalGK
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FAQ_SCST.pdf
109.6 KB
Policy of Reservation to SC ST and OBC - DOPT
FAQs on SC ST OBC Reservation
Read them for better clarity as they give answer to each and every common question except some which you will infer easily after reading it.
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FAQs on SC ST OBC Reservation
Read them for better clarity as they give answer to each and every common question except some which you will infer easily after reading it.
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π¨ββοΈ All about Tribunals
5 mins read
prsindia.org/billtrack/prs-products/the-tribunal-system-in-india-3750
https://prsindia.org/billtrack/prs-products/the-tribunal-system-in-india-3750
5 mins read
prsindia.org/billtrack/prs-products/the-tribunal-system-in-india-3750
https://prsindia.org/billtrack/prs-products/the-tribunal-system-in-india-3750
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Why the Supreme Court overturned its 2018 decision, which set a time limit on courtsβ stay orders π
#explained_law #express_explained #supreme_court
#explained_law #express_explained #supreme_court
The Indian Express
Why the Supreme Court overturned its 2018 decision, which set a time limit on courtsβ stay orders
The court held that an SC bench from 2018 did not have the power to set a six-month time limit for vacating stay orders. What are stay orders and how do they impact case proceedings, for both parties and the legal system at large? We explain.
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Muthuramalingam & Ors vs State Rep.By Insp.Of Police on 19 July, 2016
π¨ββοΈ Section 31 of CRPC (section 25 of BNSS) Sentence in cases of conviction of several offences at one trial
1. Unless the court directs will run consecutively (also when judgment is silent)
2. Court must mention the Order in which sentences will run first, second...so on.
3. Fixed term sentences cannot be after life imprisonment in order for the obvious reason life imprisonment is till death and even if remitted it is implied that fixed term are also remitted.
4. Fixed term sentences can begin before life imprisonment.
Imprisonment for life means imprisonment for remainder life of natural person first held in --
1. Kishorilal v king emperor 1945
2. Gopal vinayak godse v. Maharastra 1961
#Question
https://indiankanoon.org/doc/194670202/
see also for 1st point-
https://t.me/CurrentLegalGK/5167
@CurrentLegalGK
π¨ββοΈ Section 31 of CRPC (section 25 of BNSS) Sentence in cases of conviction of several offences at one trial
1. Unless the court directs will run consecutively (also when judgment is silent)
2. Court must mention the Order in which sentences will run first, second...so on.
3. Fixed term sentences cannot be after life imprisonment in order for the obvious reason life imprisonment is till death and even if remitted it is implied that fixed term are also remitted.
4. Fixed term sentences can begin before life imprisonment.
Imprisonment for life means imprisonment for remainder life of natural person first held in --
1. Kishorilal v king emperor 1945
2. Gopal vinayak godse v. Maharastra 1961
#Question
Where will trial take place if there are 3 offences one of which is exclusively triable by sessions court other 2 can be tried by JMFC? Mention the section/case.
https://indiankanoon.org/doc/194670202/
see also for 1st point-
https://t.me/CurrentLegalGK/5167
@CurrentLegalGK
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'Article 142 Doesn't Empower Court To Ignore Substantive Rights Of Litigants' : Supreme Court Issues Guidelines On Exercise Of Inherent Powers
https://www.livelaw.in/top-stories/supreme-court-article-142-guidelines-substantive-rights-litigants-250981
https://www.livelaw.in/top-stories/supreme-court-article-142-guidelines-substantive-rights-litigants-250981
www.livelaw.in
'Article 142 Doesn't Empower Court To Ignore Substantive Rights Of Litigants' : Supreme Court Issues Guidelines On Exercise Ofβ¦
While overturning the 2018 Asian Resurfacing judgment that mandated an automatic vacation of stay orders after six months, the Supreme Court issued crucial guidelines on the exercise of its powers...
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'Article 142 Doesn't Empower Court To Ignore Substantive Rights Of Litigants' : Supreme Court Issues Guidelines On Exercise Of Inherent Powers https://www.livelaw.in/top-stories/supreme-court-article-142-guidelines-substantive-rights-litigants-250981
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(i) The jurisdiction can be exercised to do complete justice between the parties before the Court. It cannot be exercised to nullify the benefits derived by a large number of litigants based on judicial orders validly passed in their favour who are not parties to the proceedings before this Court;
(ii) Article 142 does not empower this Court to ignore the substantive rights of the litigants; and
(iii) While exercising the jurisdiction under Article 142 of the Constitution of India, this Court can always issue procedural directions to the Courts for streamlining procedural aspects and ironing out the creases in the procedural laws to ensure expeditious and timely disposal of cases. This is because, while exercising the jurisdiction under Article 142, this Court may not be bound by procedural requirements of law. However, while doing so, this Court cannot affect the substantive rights of those litigants who are not parties to the case before it. The right to be heard before an adverse order is passed is not a matter of procedure but a substantive right.
(iv) The power of this Court under Article 142 cannot be exercised to defeat the principles of natural justice, which are an integral part of our jurisprudence
π¨ββοΈHigh Court Bar Association Allahabad v. State Of Uttar Pradesh & Ors. 2024
Sahara India Real Estate v. SEBI (2012)- para 52
Function of this Court is not to legislate but only to interpret
the law. No doubt in doing so laying down of norms is sometimes unavoidable.
#COI@CurrentLegalGK
Important parameters for the exercise of the jurisdiction under Article 142 of the Constitution
(i) The jurisdiction can be exercised to do complete justice between the parties before the Court. It cannot be exercised to nullify the benefits derived by a large number of litigants based on judicial orders validly passed in their favour who are not parties to the proceedings before this Court;
(ii) Article 142 does not empower this Court to ignore the substantive rights of the litigants; and
(iii) While exercising the jurisdiction under Article 142 of the Constitution of India, this Court can always issue procedural directions to the Courts for streamlining procedural aspects and ironing out the creases in the procedural laws to ensure expeditious and timely disposal of cases. This is because, while exercising the jurisdiction under Article 142, this Court may not be bound by procedural requirements of law. However, while doing so, this Court cannot affect the substantive rights of those litigants who are not parties to the case before it. The right to be heard before an adverse order is passed is not a matter of procedure but a substantive right.
(iv) The power of this Court under Article 142 cannot be exercised to defeat the principles of natural justice, which are an integral part of our jurisprudence
π¨ββοΈHigh Court Bar Association Allahabad v. State Of Uttar Pradesh & Ors. 2024
Sahara India Real Estate v. SEBI (2012)- para 52
Function of this Court is not to legislate but only to interpret
the law. No doubt in doing so laying down of norms is sometimes unavoidable.
#COI@CurrentLegalGK
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Duty To Assist The Cause Of Justice, Not Just The Client
https://www.livelaw.in/articles/duty-to-assist-the-cause-of-justice-not-just-the-client-250716
https://www.livelaw.in/articles/duty-to-assist-the-cause-of-justice-not-just-the-client-250716
www.livelaw.in
Duty To Assist The Cause Of Justice, Not Just The Client
The two of us came across some interesting comments on social media while discussing the recent (and very pertinent) observations of the Chief Justice of India during the Commonwealth Attorneys...
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Duty To Assist The Cause Of Justice, Not Just The Client https://www.livelaw.in/articles/duty-to-assist-the-cause-of-justice-not-just-the-client-250716
πβAlthough the government technically loses its case, it has really won if justice has been done.β
In India, it was captured in beautiful words in Ram Ranjan Roy vs Emperor AIR 1915 by the Calcutta High Court. Later, in Ghirrao vs Emperor AIR 1933 Oudh the Oudh Chief Court outlined the responsibility of a prosecutor by stating- βhis duty as a public prosecutor is not merely to secure the conviction of the accused at all costs but to place before the court whatever evidence in possession of the prosecution, whether it be in favour of or against the accused and to leave it to the court to decide upon all such evidence, whether the accused had or had not committed the offence with which he stood charged.β
Again, in the context of prosecutors, the Supreme Court of India noted in Shakila Abdul Gafar Khan vs Vasant Raghunath Dhoble 2003 that βit is as much the duty of the prosecutor as of the court to ensure that full and material facts are brought on record so that there might not be miscarriage of justice.β
On the overall fairness expected in litigation by the government, in the case of Urban Improvement Trust, Bikaner vs Mohan Lal 2010 the Supreme Court of India observed that governments and statutory authorities must not raise frivolous and unjust objections or act in a callous or highhanded manner, and must rather act as model or ideal litigants.
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Use Of Unrelied Documents During Framing Of Charge: Time To Revisit State Of Orissa Vs Debendra Nath Padhi
https://www.livelaw.in/articles/use-of-unrelied-documents-during-framing-of-charge-time-to-revisit-state-of-orissa-vs-debendra-nath-padhi-249823
https://www.livelaw.in/articles/use-of-unrelied-documents-during-framing-of-charge-time-to-revisit-state-of-orissa-vs-debendra-nath-padhi-249823
www.livelaw.in
Use Of Unrelied Documents During Framing Of Charge: Time To Revisit State Of Orissa Vs Debendra Nath Padhi
The right to fair trial is at the heart of the principle of Rule of Law in India . The concept of Rule of Law is identified as part of the basic structure of the Constitution of India. The Supreme...
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A Fillip To Democracy : Supreme Court's Electoral Bonds Case Verdict
https://www.livelaw.in/articles/a-fillip-to-democracy-supreme-courts-electoral-bonds-case-verdict-249803
https://www.livelaw.in/articles/a-fillip-to-democracy-supreme-courts-electoral-bonds-case-verdict-249803
www.livelaw.in
A Fillip To Democracy : Supreme Court's Electoral Bonds Case Verdict
On Thursday(February 15), the Supreme Court of India gave a much needed fillip to our democracy. Through a unanimous verdict of five judges, in Association for Democratic Reforms v. Union of...
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