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-firodia-2023-livelaw-sc-122-222083
https://www.livelaw.in/top-stories/supreme-court-dna-test-112-evidence-act-aparna-ajinkya-firodia-vs-ajinkya-arun-firodia-2023-livelaw-sc-122-222083
www.livelaw.in
Children's Right Not To Have Their Legitimacy Questioned Frivolously Part Of Their Privacy Right : Supreme Court On Power To Orderβ¦
The Supreme Court observed that DNA tests of children born during the subsistence of a valid marriage may be directed only when there is sufficient prima-facie material to dislodge the presumption...
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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-arunβ¦
π―
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 childβs right to identity should not be allowed to be sacrificed.
πRIGHT 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)
π€Case- Ajinkya Firodia vs Ajinkya Arun Firodia | 2023
@CurrentLegalGK
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 childβs right to identity should not be allowed to be sacrificed.
πRIGHT 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)
π€Case- Ajinkya Firodia vs Ajinkya Arun Firodia | 2023
@CurrentLegalGK
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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-court-255800
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-court-255800
www.livelaw.in
Movie Trailer Not A Promise, Producer Not Liable If Content Shown In Trailer Is Not Included In Film: Supreme Court
The Supreme Court on Monday (April 22) 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'...
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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-supremeβ¦
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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.
When does offer starts in a movie then? Mention
@CurrentLegalGK
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
@CurrentLegalGK
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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.
#Topper@CurrentLegalGK
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.
#Topper@CurrentLegalGK
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π― 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 judgmentsβ¦
π€ π
We are always ready to tell you how to become independent means how to enhance self study (eg our case briefs have some relevant portion screenshots from judgment)
Focus on judgment reading if you wanna clear this exam.
https://t.me/CurrentLegalGK/1830
π We will share the suggestions by Judicial service exam toppers too , I forgot that I have some good messages with me which are going to help you...
We are always ready to tell you how to become independent means how to enhance self study (eg our case briefs have some relevant portion screenshots from judgment)
Focus on judgment reading if you wanna clear this exam.
https://t.me/CurrentLegalGK/1830
π We will share the suggestions by Judicial service exam toppers too , I forgot that I have some good messages with me which are going to help you...
β€8π2
Settled principles, unsettled: Sedition Law sent into abeyance | SCC Times
Section 152 BNS and 124A sedition #Discernible_Topics
βοΈCriticism- of SG vobatkere
https://t.me/CurrentLegalGK/688?single
https://www.scconline.com/blog/post/2022/07/05/settled-principles-unsettled-sedition-law-sent-into-abeyance/#fn11
Section 152 BNS and 124A sedition #Discernible_Topics
βοΈCriticism- of SG vobatkere
https://t.me/CurrentLegalGK/688?single
https://www.scconline.com/blog/post/2022/07/05/settled-principles-unsettled-sedition-law-sent-into-abeyance/#fn11
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π
π Maxims -
1. Furiosus furore suo puniter
βA mad man is punished by his madness aloneβ.
2. Furiosus nulla voluntas est
βA mad man has no willβ.
3. Furiosus absentis loco est
βA mad man is like one who is absentβ.
β Case- Bapu @ Gajraj Singh vs State Of Rajasthan on 4 June, 2007
π 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.
π 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.
π 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.
π 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.
β Case- Director Public Prosecution v. Beard, 1920
"Drunkenness is one thing and the diseases to which drunkenness leads are different thingsβ, 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.
β π Geron Ali v Emperor AIR 1941 Cal 129;
βIf 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.β
#Discernible_Topics@CurrentLegalGK
Legal Nuances of Section 22 of BNS or Section 84 of IPC π Maxims -
1. Furiosus furore suo puniter
βA mad man is punished by his madness aloneβ.
2. Furiosus nulla voluntas est
βA mad man has no willβ.
3. Furiosus absentis loco est
βA mad man is like one who is absentβ.
β Case- Bapu @ Gajraj Singh vs State Of Rajasthan on 4 June, 2007
π 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.
π 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.
π 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.
π 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.
β Case- Director Public Prosecution v. Beard, 1920
"Drunkenness is one thing and the diseases to which drunkenness leads are different thingsβ, 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.
β π Geron Ali v Emperor AIR 1941 Cal 129;
βIf 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.β
#Discernible_Topics@CurrentLegalGK
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π
What's your views on Accident π
π±Comment
@CurrentLegalGK
Defence of Section 18 of BNS or Section 80 IPC in case of unlawful actWhat's your views on Accident π
π±Comment
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π7π1
πΈποΈ
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 π―
If you have any source for this just share that with all of us.βΊοΈ
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Video Playlist on Making of Constitution by Constituent Assembly | Sansad TVhttps://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 π―
If you have any source for this just share that with all of us.βΊοΈ
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π§ Theme: Quiz Making Contest
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π. QUIZ MAKING GUIDELINES--
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2. Quiz Must Containβ minimum 25 Questions and β³timer of 30 seconds
3. Quiz can be made using @QuizBot
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π5π2β€1π1π1
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’ pinned Β«π₯³ππ π Grab The Opportunity | Contest for Judgment Writing Book π§ Theme: Quiz Making Contest π° Registeration: Free Application deadline: Quizzes to be sent before 9th May, (2nd Anniversary of Natural Justice) π. QUIZ MAKING GUIDELINES-- 1. Minimum 1β¦Β»
What is Art 244(A), the constitutional promise of autonomy that is driving the election narrative at a tribal seat in Assam? π
#express_explained
#express_explained
The Indian Express
What is Art 244(A), the constitutional promise of autonomy driving the election narrative at a tribal seat in Assam?
Where is Diphu, and how did the demand for autonomy come about? Which party has been winning the seat in Lok Sabha elections?
β€1π1
Case before Supreme Court: Can Govt redistribute privately owned property? π
#explained_law #express_explained #express_premium #supreme_court
#explained_law #express_explained #express_premium #supreme_court
The Indian Express
Case before Supreme Court: Can Govt redistribute privately owned property?
The case currently before the SC arose out of a challenge to the 1986 amendment to the Maharashtra Housing and Area Development Act, 1976 (MHADA) by owners of βcessedβ properties in Mumbai.
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
Case before Supreme Court: Can Govt redistribute privately owned property? π #explained_law #express_explained #express_premium #supreme_court
"Whether βprivate propertyβ fell within the purview of βmaterial resourcesβ under Article 39(b) of the Constitution"
π― Cases-
1. Karnataka v Shri Ranganatha Reddy (1977)
2. Sanjeev Coke Manufacturing Company v Bharat Coking Coal (1983)
3. Mafatlal Industries Ltd v Union of India (1996)
π€πWhat are your views?
@CurrentLegalGK
π― Cases-
1. Karnataka v Shri Ranganatha Reddy (1977)
2. Sanjeev Coke Manufacturing Company v Bharat Coking Coal (1983)
3. Mafatlal Industries Ltd v Union of India (1996)
π€πWhat are your views?
@CurrentLegalGK
π3
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
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π Update on Quiz Making Competition -
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Total 6 Entries Received ---Free Registeration- https://t.me/CurrentLegalGK/2725
Get Your Knowledge Tested
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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-supreme-court-256032
https://www.livelaw.in/supreme-court/repealed-provision-ceases-to-operate-from-the-date-of-repeal-subject-to-specific-statutory-prescription-supreme-court-256032
www.livelaw.in
Repealed Provision Ceases To Operate From The Date Of Repeal, Subject To Specific Statutory Prescription: Supreme Court
In an important judgment, the Supreme Court observed that, subject to statutory stipulation, a repealed provision ceases to operate from the date of repeal, and the substituted provision starts...
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ 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-prescriptionβ¦
βThe 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.,β
π Subject - Interpretation of statute
Case Title: PERNOD RICARD INDIA (P) LTD. vs. THE STATE OF MADHYA PRADESH, 2024
@CurrentLegalGK
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.,β
π Subject - Interpretation of statute
Case Title: PERNOD RICARD INDIA (P) LTD. vs. THE STATE OF MADHYA PRADESH, 2024
@CurrentLegalGK
π―5π2π1π€©1
3οΈβ£ Years or 7οΈβ£0οΈβ£%
MPCJ ---> SLP Dismissed πBut we have other states ππ€
Have faith in your knowledge, real justice can only be given by God, you yourself have to prove it.
Lage rho.... π₯
π Practical advise- Just Get a Backup to make your way to this...
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