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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ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
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
π5
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...
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
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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π
#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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3.Standard of Proof under Posco Act latest.pdf
485 KB
π
Concept of Reverse Burden
And Law Relating to Presumption Section 29 and 30 of POCSOAct
With exceptions to the general rule of innocence
#Question
@CurrentLegalGK
Standard of Proof under Posco Act latest
Concept of Reverse Burden
And Law Relating to Presumption Section 29 and 30 of POCSOAct
With exceptions to the general rule of innocence
#Question
What is the difference between establishing foundational facts and prosecution has initial burden of proofβ
@CurrentLegalGK
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Appreciation of Evidence by Court β βPreponderance of Probabilitiesβ & βProbative Value of Evidenceβ β Saji Koduvath Associates
https://indianlawlive.net/2023/09/27/appreciation-of-evidence-by-court/
Appreciation of Evidence by Court β βPreponderance of Probabilitiesβ & βProbative Value of Evidenceβ β Saji Koduvath Associates
https://indianlawlive.net/2023/09/27/appreciation-of-evidence-by-court/
Saji Koduvath Associates
Appreciation of Evidence by Court β βPreponderance of Probabilitiesβ & βProbative Value of Evidenceβ
Jojy George Koduvath. PART I Introduction What is βProofβ in Evidence Act A fact is said to be proved (Sec. 3 Evidence Act) when, after considering the matters before it, the court either believes β¦
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Can Legislature Overrule Court Decisions by an Enactment? β Saji Koduvath Associates
https://indianlawlive.net/2021/03/11/can-legislature-overpower-court-decisions-by-an-enactment/
https://indianlawlive.net/2021/03/11/can-legislature-overpower-court-decisions-by-an-enactment/
Saji Koduvath Associates
Can Legislature Overrule Court Decisions by an Enactment?
Saji Koduvath, Advocate, Kottayam. Introduction. Our Constitutional jurisprudence accredits supremacy to the Constitution of India. The rationale of this proposition is that one among the three conβ¦
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ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
Can Legislature Overrule Court Decisions by an Enactment? β Saji Koduvath Associates https://indianlawlive.net/2021/03/11/can-legislature-overpower-court-decisions-by-an-enactment/
πβοΈ This is a good Website you can use it in atleast 2 ways-
1. To add a particular topic, case law or search material for doubt.
2. To select 1 or 2 topics from the subject list given in the last and read.
Someone was asking for my sources of articles and PDFs the answer is I have been sharing my sources regularly explicitly some of you are ignoring and not paying attention, please be attentive.
πSome sources for Notes-
https://t.me/CurrentLegalGK/528
@CurrentLegalGK
1. To add a particular topic, case law or search material for doubt.
2. To select 1 or 2 topics from the subject list given in the last and read.
Someone was asking for my sources of articles and PDFs the answer is I have been sharing my sources regularly explicitly some of you are ignoring and not paying attention, please be attentive.
πSome sources for Notes-
https://t.me/CurrentLegalGK/528
@CurrentLegalGK
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π©βπ»
1st case mention below π
@CurrentLegalGK
Identity of victim relating to sexual offences not to be disclosed.1st case mention below π
@CurrentLegalGK
π€π The ..................... was a legislative act passed on 28 September 1929. The act fixed the marriageable age for girls at 14 years and 18 years for boys. It is popularly known as the Sharda Act after its sponsor, Harbilas Sarda.
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@CurrentLegalGK