๐
All done โ
for jharkhand revision?
Do light revision of section numbers and cases that's it.(Or whatever u have planned)
๐ All the best for tomorrow jharkhand and SC law clerk candidates
@CurrentLegalGK
Do light revision of section numbers and cases that's it.(Or whatever u have planned)
๐ All the best for tomorrow jharkhand and SC law clerk candidates
@CurrentLegalGK
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SC quashes FIR over Art 370 protest: How the court relied on the 1947 Justice Vivian Bose ruling ๐
#explained_law #express_explained
#explained_law #express_explained
The Indian Express
SC quashes FIR over Art 370 protest: How the court relied on the 1947 Justice Vivian Bose ruling
Over the years, courts have used Justice Vivian Boseโs ruling as a yardstick to judge if any words, spoken or written, can promote enmity or disharmony between different groups.
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๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
SC quashes FIR over Art 370 protest: How the court relied on the 1947 Justice Vivian Bose ruling ๐ #explained_law #express_explained
๐ฅ What was Justice Vivian Boseโs 1947 ruling? (Staire decisis)
In 1947, a three-judge bench of the Nagpur HC, comprising Justice Vivian Bose, was tasked with deciding whether a particular article in the press, directly or indirectly, tended to bring about hatred or contempt for the government. In doing so, it also examined the offence of sedition under Section 124A of the IPC, which deals with the offence of sedition, and Section 4(1) of the Press (Emergency Powers) Act, 1931.
Justice Vivian Bose held that the said article didnโt incite or lead to sedition. He also came up with a test, which went on to become the yardstick for such cases to be decided in the future.
In his judgment, he ruled: โThe effect of the words must be judged from the standards of reasonable, strong-minded, firm and courageous men, and not those of weak and vacillating minds, nor of those who scent danger in every hostile point of viewโ.
How important is to know the constitution not only for constitutional courts but for trial courts as well.
Article 19 (1)(a) and 153A IPC
@CurrentLegalGK
In 1947, a three-judge bench of the Nagpur HC, comprising Justice Vivian Bose, was tasked with deciding whether a particular article in the press, directly or indirectly, tended to bring about hatred or contempt for the government. In doing so, it also examined the offence of sedition under Section 124A of the IPC, which deals with the offence of sedition, and Section 4(1) of the Press (Emergency Powers) Act, 1931.
Justice Vivian Bose held that the said article didnโt incite or lead to sedition. He also came up with a test, which went on to become the yardstick for such cases to be decided in the future.
In his judgment, he ruled: โThe effect of the words must be judged from the standards of reasonable, strong-minded, firm and courageous men, and not those of weak and vacillating minds, nor of those who scent danger in every hostile point of viewโ.
How important is to know the constitution not only for constitutional courts but for trial courts as well.
Article 19 (1)(a) and 153A IPC
@CurrentLegalGK
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๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข pinned ยซ๐จโโ๏ธ Compilation of Often Used Terms in Bare Act language โบ๏ธ Use: Start using them in your answers not very much but atleast try a little bit as this is the formal way as written in laws... โ
What are theyโ These terms are often referred to as adverbs ofโฆยป
Madras High Court Removes Observation In Judgment That Origin Of Caste System Is Less Than A Century Old
https://www.livelaw.in/high-court/madras-high-court/madras-high-court-removes-observations-on-origin-of-caste-system-251703
https://www.livelaw.in/high-court/madras-high-court/madras-high-court-removes-observations-on-origin-of-caste-system-251703
www.livelaw.in
Madras High Court Removes Observation In Judgment That Origin Of Caste System Is Less Than A Century Old
The Madras High court has now removed the remarks made about the or
Difference Between Rules and Regulations (with Example) - Key Differences
https://keydifferences.com/difference-between-rules-and-regulations.html
https://keydifferences.com/difference-between-rules-and-regulations.html
Key Differences
Difference Between Rules and Regulations (with Example) - Key Differences
In this post, you will get to know the basic difference between rules and regulations, along with their meanings and real-life examples.
๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
Difference Between Rules and Regulations (with Example) - Key Differences https://keydifferences.com/difference-between-rules-and-regulations.html
Thorough explanation of difference between Rules and Regulations.
Refer this it has examples.
@CurrentLegalGK
Refer this it has examples.
@CurrentLegalGK
Law Commission Recommends Whistleblower Protection, Says Amendments May Be Brought To Mandate Test Data Disclosure
https://www.livelaw.in/top-stories/law-commission-of-india-289th-report-trade-secrets-economic-espionage-251731
https://www.livelaw.in/top-stories/law-commission-of-india-289th-report-trade-secrets-economic-espionage-251731
www.livelaw.in
Law Commission Recommends Whistleblower Protection, Says Amendments May Be Brought To Mandate Test Data Disclosure
In a recent development, the Law Commission of India has rec
#Quote
โThe constitution is not a mere lawyers' document. It is a vehicle of life, and its spirit is always the spirit of age.โ
Dr. B.R. Ambedkar
@CurrentLegalGK
โThe constitution is not a mere lawyers' document. It is a vehicle of life, and its spirit is always the spirit of age.โ
Dr. B.R. Ambedkar
@CurrentLegalGK
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7-Judgment Writing-by Ch Kishore Kumar_0.pdf
387.7 KB
General guidelines for -Judgment Writing-by Ch Kishore Kumar
โFour things belong to a Judge;
to hear courteously,
to proceed wisely,
to consider soberly and
to decide impartially.โ
~ Socrates
#Quote
@CurrentLegalGK
#Beingjudge@CurrentLegalGK
โFour things belong to a Judge;
to hear courteously,
to proceed wisely,
to consider soberly and
to decide impartially.โ
~ Socrates
#Quote
@CurrentLegalGK
#Beingjudge@CurrentLegalGK
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https://www.thehindu.com/news/cities/chennai/when-can-court-recall-judgment/article7415350.ece
Key terms - Power to recall, 362, 482 of CrPC, Article 226, interim orders, arithematical/clerical errors
๐จโโ๏ธLandmark Case law Antulay vs Nayak
seven-member Constitution bench of the apex court reiterated its powers to recall judgements under certain circumstances. โThe injustice done should be corrected by applying the principle
๐ฅ Legal maxim - actus curiae neminem gravabit , an act of the court shall prejudice no one,โ the bench said.
In State of Orissa vs Janamohan Das , the Odisha High Court elaborated the principle set in Antulay and said there has to be โsubstantial injury to the suitorโ to recall an order.
โ..while conceding the power of recall available to this Court, we would say that the same would be exercisable only in exceptional cases where the mistake committed by the court is palpable and is such which, by its own force, has caused substantial injury to a suitor.โ
HC bound by CrPC
While the fact that the courts have powers to recall is a settled one, there are still divisions on when this power could be exercised.
Read more....
Key terms - Power to recall, 362, 482 of CrPC, Article 226, interim orders, arithematical/clerical errors
๐จโโ๏ธLandmark Case law Antulay vs Nayak
seven-member Constitution bench of the apex court reiterated its powers to recall judgements under certain circumstances. โThe injustice done should be corrected by applying the principle
๐ฅ Legal maxim - actus curiae neminem gravabit , an act of the court shall prejudice no one,โ the bench said.
In State of Orissa vs Janamohan Das , the Odisha High Court elaborated the principle set in Antulay and said there has to be โsubstantial injury to the suitorโ to recall an order.
โ..while conceding the power of recall available to this Court, we would say that the same would be exercisable only in exceptional cases where the mistake committed by the court is palpable and is such which, by its own force, has caused substantial injury to a suitor.โ
HC bound by CrPC
While the fact that the courts have powers to recall is a settled one, there are still divisions on when this power could be exercised.
Read more....
The Hindu
When can court recall judgment?
On July 10, Justice P. Devadas of the Madras High Court recalled an order issued a month back advising mediation between a rape survivor and a convict.
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pdf_upload-367991.pdf
424.4 KB
The Supreme Court has observed that the High Court has inherent power under Section 482 of the Code of Criminal Procedure to recall an order and the provisions of Section 362 Cr.P.C. would not bar it from exercise of such powers.
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S.C. held that if any order is passed in consonance of the prayer made in the present petition, it would invariably amount to review which is barred under Section 362 CrPC and is not permissible even under the inherent powers (Section 482) possessed by the Court.
SIMRIKHIA V. DOLLEY MUKHERJEE, (1992)
@CurrentLegalGK
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S.C. held that if any order is passed in consonance of the prayer made in the present petition, it would invariably amount to review which is barred under Section 362 CrPC and is not permissible even under the inherent powers (Section 482) possessed by the Court.
SIMRIKHIA V. DOLLEY MUKHERJEE, (1992)
@CurrentLegalGK
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10177_2014_1_1501_51211_Judgement_04-Mar-2024.pdf
866.6 KB
Sita soren v. Union of India, 2024
Read the index and let me know if you want a brief on something else other than main issue.
@CurrentLegalGK
Read the index and let me know if you want a brief on something else other than main issue.
@CurrentLegalGK
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#Quote
โInformation is the currency of democracy,โ and critical to the emergence and development of a vibrant civil society.
~Thomas Jefferson
@CurrentLegalGK
โInformation is the currency of democracy,โ and critical to the emergence and development of a vibrant civil society.
~Thomas Jefferson
@CurrentLegalGK
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