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Children's Right Not To Have Their Legitimacy Questioned Frivolously Part Of Their Privacy Right : Supreme Court On Power To Order 'DNA Test' https://www.livelaw.in/top-stories/supreme-court-dna-test-112-evidence-act-aparna-ajinkya-firodia-vs-ajinkya-arun…
πŸ’―Apart for Guidelines as to when DNA should apply following 2 important views the court has adopted.

whether a DNA test should be permitted on the child, is to be analysed through the prism of the child and not through the prism of the parents. The child cannot be used as a pawn to show that the mother of the child was living in adultery. It is always open to the respondent husband to prove by other evidence, the adulterous conduct of the wife, but the child’s right to identity should not be allowed to be sacrificed.


🌟RIGHT TO PRIVACY OF CHILDREN
Children have the right not to have their legitimacy questioned frivolously before a Court of Law. This is an essential attribute of the right to privacy. Courts are therefore required to acknowledge that children are not to be regarded like material objects, and be subjected to forensic/DNA testing, particularly when they are not parties to the divorce
proceeding.

Section 112 and 114 IEA (evidence act)
🀜Case- Ajinkya Firodia vs Ajinkya Arun Firodia | 2023

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𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’
Movie Trailer Not A Promise, Producer Not Liable If Content Shown In Trailer Is Not Included In Film: Supreme Court https://www.livelaw.in/supreme-court/movie-trailer-not-a-promise-producer-not-liable-if-content-shown-in-trailer-is-not-included-in-film-supreme…
🍿 This is Interesting

SC held that not including the content that was part of the promotional trailer of the movie, in the released movie doesn't amount to a 'deficiency of service' on the part of the movie creators under the consumer protection law.


A promotional trailer by itself is not an offer and neither intends to nor can create a contractual relationship. Since the promotional trailer is not an offer, there is no possibility of it becoming a promise.

Yash raj films vs afreen zaidi, 2024



When does offer starts in a movie then? Mention

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πŸ’― Supreme court Researcher and Law Clerk Recent Exam Selected candidate's Advice

This was the first time for me as well, so don't equate this as professional advice. However, the few things which helped me were:

1. I had a habit of reading whole judgments which helped me in my reading speed and highlighting relevant portions of the given problem.

2. The answer/essay writing practice helped me form a quicker approach for the answers.

3. Past year papers! I practiced all the past year papers from 2015 onwards.

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🌟 Legal Nuances of Section 22 of BNS or Section 84 of IPC

πŸ’­ Maxims -
1. Furiosus furore suo puniter
β€œA mad man is punished by his madness alone”.

2. Furiosus nulla voluntas est
β€œA mad man has no will”.

3. Furiosus absentis loco est
β€œA mad man is like one who is absent”.

βœ… Case- Bapu @ Gajraj Singh vs State Of Rajasthan on 4 June, 2007

🌟 Interpretation of Wrong and Contrary to law

Under Section 84 IPC, a person is exonerated from liability for doing an act on the ground of unsoundness of mind if he, at the time of doing the act, is either incapable of knowing
(a) the nature of the act, or
(b) that he is doing what is either wrong or contrary to law.

The accused is protected not only when, on account of insanity, he was incapable of knowing the nature of the act, but also when he did not know either that the act was wrong or that it was contrary to law, although he might know the nature of the act itself.

πŸ“ He is, however, not protected if he knew that what he was doing was wrong, even if he did not know that it was contrary to law, and also if he knew that what he was doing was contrary to law even though he did not know that it was wrong.

The onus of proving unsoundness of mind is on the accused.

🌟 But where during the investigation previous history of insanity is revealed, it is the duty of an honest investigator to subject the accused to a medical examination and place that evidence before the Court and if this is not done, it creates a serious infirmity in the prosecution case and the benefit of doubt has to be given to the accused. The onus, however, has to be discharged by producing evidence as to the conduct of the accused shortly prior to the offence and his conduct at the time or immediately afterwards, also by evidence of his mental condition and other relevant factors.

🌟 There are four kinds of persons who may be said to be non compos mentis (not of sound mind),
(1) an idiot;
(2) one made non compos by illness
(3) a lunatic or a mad man and
(4.) one who is drunk.

1. An idiot is one who is of non-sane memory from his birth, by a perpetual infirmity, without lucid intervals; and those are said to be idiots who cannot count twenty, or tell the days of the week, or who do not know their fathers or mothers, or the like,

2. A person made non compos mentis by illness is excused in criminal cases from such acts as are committed while under the influence of his disorder.

3. A lunatic is one who is afflicted by mental disorder only at certain periods and vicissitudes, having intervals of reason, Madness is permanent. Lunacy and madness are spoken of as acquired insanity, and idiocy as natural insanity.

βœ… Case- Director Public Prosecution v. Beard, 1920

"Drunkenness is one thing and the diseases to which drunkenness leads are different thingsβ€Ÿ, and if a man by drunkenness brings on a state of disease which causes such a degree of madness ever for a time, which would have relieved him from responsibility, if it had been caused in any other way, then he would not be criminally responsible.

βœ…πŸŒŸ Geron Ali v Emperor AIR 1941 Cal 129;

β€œIf he knew that what he was doing was wrong then he will not be protected even if he did not know that it was contrary to law. If he knew that what he was doing was contrary to law then also he would not be protected even though he did not know that what he was doing was wrong. The law will punish a man for doing something which he knows to be contrary to the law whatever his private opinion may be regarding its ethics. Again if an act is contrary to law ignorance of the law will not protect a man from punishment when it is shown that the man knew that what he was doing is wrong.”

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πŸ“ΈπŸŽžοΈ Video Playlist on Making of Constitution by Constituent Assembly | Sansad TV

https://youtube.com/playlist?list=PL_0lj9rby3g3YfEvbAhYrcjWZPn54DyI6&feature=shared

After watching this just tell me I will try to share some study material on the selected Important Topics constituent assembly Crux Debates, I am assuring you that is going to help you a lot πŸ’―

If you have any source for this just share that with all of us.☺️

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𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’
Repealed Provision Ceases To Operate From The Date Of Repeal, Subject To Specific Statutory Prescription: Supreme Court https://www.livelaw.in/supreme-court/repealed-provision-ceases-to-operate-from-the-date-of-repeal-subject-to-specific-statutory-prescription…
β€œThe operation of repeal or substitution of a statutory provision is thus clear, a repealed provision will cease to operate from the date of repeal and the substituted provision will commence to operate from the date of its substitution.

This principle is subject to specific statutory prescription. Statute can enable the repealed provision to continue to apply to transactions that have commenced before the repeal. Similarly, a substituted provision which operates prospectively, if it affects vested rights, subject to statutory prescriptions, can also operate retrospectively.,”

🌟 Subject - Interpretation of statute

Case Title: PERNOD RICARD INDIA (P) LTD. vs. THE STATE OF MADHYA PRADESH, 2024

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MPCJ ---> SLP Dismissed πŸ™‚


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Especially for All Majors & Minors
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