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.
@CurrentLegalGK
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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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Is The Consent Of A Minor Victim Of Rape Required For DNA Testing Of Products Of Conception (PoC) Or Of The Baby Born As A Result Of The Assault?
https://www.livelaw.in/articles/is-the-consent-of-a-minor-victim-of-rape-required-for-dna-testing-of-products-of-conception-poc-or-of-the-baby-born-as-a-result-of-the-assault-249774
https://www.livelaw.in/articles/is-the-consent-of-a-minor-victim-of-rape-required-for-dna-testing-of-products-of-conception-poc-or-of-the-baby-born-as-a-result-of-the-assault-249774
www.livelaw.in
Is The Consent Of A Minor Victim Of Rape Required For DNA Testing Of Products Of Conception (PoC) Or Of The Baby Born As A Resultβ¦
The article deals with consent requirements for a DNA test of a child or products of conception (PoC)[1] of a minor victim of rape in two situations - a. As part of medical examination for...
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Life Imprisonment Quandaries: Legal Perspectives And Sentencing Complexity
https://www.livelaw.in/articles/life-imprisonment-quandaries-legal-perspectives-and-sentencing-complexity-249501
https://www.livelaw.in/articles/life-imprisonment-quandaries-legal-perspectives-and-sentencing-complexity-249501
www.livelaw.in
Life Imprisonment Quandaries: Legal Perspectives And Sentencing Complexity
During the pronouncement of capital punishment in a criminal trial, a scenario may emerge where the court determines that the imposed sentence could be overly severe and harsh However in such...
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Life Imprisonment Quandaries: Legal Perspectives And Sentencing Complexity https://www.livelaw.in/articles/life-imprisonment-quandaries-legal-perspectives-and-sentencing-complexity-249501
π Theory of Punishment
π In the Indian legal system, the court possesses the authority to diminish the severity of the punishment by taking into account multiple factors related to the case and any mitigating circumstances that may be present. The underlying philosophy in India is to adhere to the reformative theory of punishment. This means that the punishment meted out should strike a balance β it should neither be excessively severe nor overly lenient to the extent that it fails to fulfil its intended purpose of making an impact on the offender and serving as a deterrent to others. The prevailing belief is that punishment should be designed in a manner that fosters personal growth and a change in an individual's mindset.
π€Dilemma -
When an appellant comes to the apex Court carrying a death sentence awarded by the trial court and confirmed by the High Court, the apex Court may find, that the case just falls short of the rarest of the rare category and may feel somewhat reluctant in endorsing the death sentence. But at the same time, having regard to the nature of the crime, the Court may strongly feel that a sentence of life imprisonment subject to remission normally works out to a term of 14 years would be grossly disproportionate and inadequate.
π Solution-
This dilemma was dealt by the Supreme Court in Union of India v. V sriharan, 2016 wherein the apex court reiterated its judgement in Swamy Shraddananda v. State of Karnataka, 2008 held that:
The power to impose a modified punishment providing for any specific term of incarceration or till the end of the convict's life as an alternate to death penalty, can be exercised only by the High Court and the Supreme Court and not by any other inferior court.β
First constitutional bench case where L.I. was clarified to be for the remainder of person natural life.
β Kishori Lal v. King Emperor, 1945
β Gopal Vinayak Godse v. State of Maharashtra, 1961
@CurrentLegalGK
π In the Indian legal system, the court possesses the authority to diminish the severity of the punishment by taking into account multiple factors related to the case and any mitigating circumstances that may be present. The underlying philosophy in India is to adhere to the reformative theory of punishment. This means that the punishment meted out should strike a balance β it should neither be excessively severe nor overly lenient to the extent that it fails to fulfil its intended purpose of making an impact on the offender and serving as a deterrent to others. The prevailing belief is that punishment should be designed in a manner that fosters personal growth and a change in an individual's mindset.
π€Dilemma -
When an appellant comes to the apex Court carrying a death sentence awarded by the trial court and confirmed by the High Court, the apex Court may find, that the case just falls short of the rarest of the rare category and may feel somewhat reluctant in endorsing the death sentence. But at the same time, having regard to the nature of the crime, the Court may strongly feel that a sentence of life imprisonment subject to remission normally works out to a term of 14 years would be grossly disproportionate and inadequate.
π Solution-
This dilemma was dealt by the Supreme Court in Union of India v. V sriharan, 2016 wherein the apex court reiterated its judgement in Swamy Shraddananda v. State of Karnataka, 2008 held that:
The power to impose a modified punishment providing for any specific term of incarceration or till the end of the convict's life as an alternate to death penalty, can be exercised only by the High Court and the Supreme Court and not by any other inferior court.β
First constitutional bench case where L.I. was clarified to be for the remainder of person natural life.
β Kishori Lal v. King Emperor, 1945
β Gopal Vinayak Godse v. State of Maharashtra, 1961
@CurrentLegalGK
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The Curious Case of Palani Goundan, In re β A Fresh Prosecutorial Perspective | A case comment | SCC Times
https://www.scconline.com/blog/post/2023/08/15/the-curious-case-of-palani-goundan-in-re-a-fresh-prosecutorial-perspective-a-case-comment/
https://www.scconline.com/blog/post/2023/08/15/the-curious-case-of-palani-goundan-in-re-a-fresh-prosecutorial-perspective-a-case-comment/
SCC Times
The Curious Case of Palani Goundan, In re β A Fresh Prosecutorial Perspective | A case comment
The cases of Palani Goundan, In re and Thavamani v. Emperor are part of case material prescribed by the Faculty of Law, University of Delhi
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The Curious Case of Palani Goundan, In re β A Fresh Prosecutorial Perspective | A case comment | SCC Times https://www.scconline.com/blog/post/2023/08/15/the-curious-case-of-palani-goundan-in-re-a-fresh-prosecutorial-perspective-a-case-comment/
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π€·ββοΈ Facts- 'A' beats his wife. She fell down and became unconscious. Believing her to be dead and to save himself from being arrested for murder A hanged her on the fan with rope. Post mortem report disclosed her death from hanging. A is liable for
π Options Available
(A) Murder
(B) Culpable homicide
(C) Hurt
(D) Grievous hurt
Lifeline = Exhausted
Ab lock kijiye option π
@CurrentLegalGK
Clear your confusion by reading this.π€·ββοΈ Facts- 'A' beats his wife. She fell down and became unconscious. Believing her to be dead and to save himself from being arrested for murder A hanged her on the fan with rope. Post mortem report disclosed her death from hanging. A is liable for
π Options Available
(A) Murder
(B) Culpable homicide
(C) Hurt
(D) Grievous hurt
Lifeline = Exhausted
Ab lock kijiye option π
@CurrentLegalGK
π₯π¨ββοΈ Hello Harayana Judicial service Aspirant soon π CJ
"Saar vadhayiyaan, eh tussi laats phaats wali koshish oni te tussi saakar ho jaoge. Chak de phatte laute haan."
Best of luck this will be your best and successful last attempt guys.
πβοΈ Fod Ke ana hai abki baar exam paar
@CurrentLegalGK
"Saar vadhayiyaan, eh tussi laats phaats wali koshish oni te tussi saakar ho jaoge. Chak de phatte laute haan."
Best of luck this will be your best and successful last attempt guys.
πβοΈ Fod Ke ana hai abki baar exam paar
@CurrentLegalGK
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I Want To Hear From District Judges Why βBail Is The Ruleβ Principle Is Losing Ground : CJI DY Chandrachud
https://www.livelaw.in/top-stories/i-want-to-hear-from-district-judges-why-bail-is-the-rule-principle-is-losing-ground-cji-dy-chandrachud-251076
https://www.livelaw.in/top-stories/i-want-to-hear-from-district-judges-why-bail-is-the-rule-principle-is-losing-ground-cji-dy-chandrachud-251076
www.livelaw.in
I Want To Hear From District Judges Why βBail Is The Ruleβ Principle Is Losing Ground : CJI DY Chandrachud
In his inaugural address at the All India District Judges Conference held in Kachchh on March 2, Chief Justice of India, DY Chandrachud, expressed concern over the apparent reluctance of district...
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Addressing Unknown Lady As 'Darling' Is Patently Offensive, Amounts To Using Sexually Coloured Remark: Calcutta High Court
https://www.livelaw.in/high-court/calcutta-high-court/calcutta-high-court-ipc-354a-addressing-unknown-lady-as-darling-is-patently-offensive-amounts-to-using-sexually-coloured-remark-251089
https://www.livelaw.in/high-court/calcutta-high-court/calcutta-high-court-ipc-354a-addressing-unknown-lady-as-darling-is-patently-offensive-amounts-to-using-sexually-coloured-remark-251089
www.livelaw.in
Addressing Unknown Lady As 'Darling' Is Patently Offensive, Amounts To Using Sexually Coloured Remark: Calcutta High Court
The Calcutta High Court's Circuit Bench at Port Blair has recently held that referring to an unknown lady as "darling" would be a criminal offence under Sections 354A and 509 of the Indian Penal...
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Addressing Unknown Lady As 'Darling' Is Patently Offensive, Amounts To Using Sexually Coloured Remark: Calcutta High Court https://www.livelaw.in/high-court/calcutta-high-court/calcutta-high-court-ipc-354a-addressing-unknown-lady-as-darling-is-patently-offensiveβ¦
Addressing an unknown lady, whether a police constable or not, on the street by a man, drunken or nor, with the word βdarlingβ is patently offensive and the word used essentially a sexually coloured remark. using such expression to an unacquainted lady cannot but be an act intended to insult the modesty of the addressee. At least as of now, the prevailing standards in our society are not such that a man on the street can gleefully be permitted to use such expression in respect of unsuspecting, unacquainted women
@CurrentLegalGK
@CurrentLegalGK
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Proof_beyond_Reasonable_Doubt.pdf
305.5 KB
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#Quote
"A person is Presumed innocent until proven guilty"
(Ei incumbit probatio qui dicit, non qui negatβ"Proof lies on him who asserts, not on him who denies")
~ Sir William Garrow
Mention any 2 exceptions π
@CurrentLegalGK
"A person is Presumed innocent until proven guilty"
(Ei incumbit probatio qui dicit, non qui negatβ"Proof lies on him who asserts, not on him who denies")
~ Sir William Garrow
Mention any 2 exceptions π
@CurrentLegalGK
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