🔥📝 Rajasthan Prelims Mock Test

RJS MOCK TEST 1

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🔆Curative juridiction

✅The Supreme Court of India is a multifaceted institution, serving as the highest court of appeal, a federal court, and an advisory body.

✅One of its notable powers is the Curative Jurisdiction, introduced in 2002, which allows the Court to correct its judgments even after they have become final.

✅However, the exercise of this jurisdiction has sparked debates regarding its impact on judicial stability and the role of the Supreme Court in shaping legal precedents.

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Should Compensation In Domestic Violence Cases Be Proportionate To Degree Of Offence Or Financial Status Of Offender? Supreme Court To Decide
https://www.livelaw.in/top-stories/should-compensation-in-domestic-violence-cases-be-proportionate-to-degree-of-offence-or-financial-status-of-offender-supreme-court-to-decide-256348

“The fundamental question raised by Ms. Divan is whether the compensation awarded should co-relate to the degree of domestic violence suffered by the victim or is it to be linked to the financial status of the guilty party.”

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Supreme Court Seeks ECI Response On Plea To Cancel Election If NOTA Gets Majority Votes
https://www.livelaw.in/top-stories/supreme-court-seeks-eci-response-on-plea-to-cancel-election-if-nota-gets-majority-votes-256194

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💯 Difference in the Application of the mens rea (Voluntarily) in Hurt

🔥 Section 321 Voluntarily causing hurt

Whoever does any act with the INTENTION of thereby causing hurt to any person, or with the KNOWLEDGE that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said “voluntarily to cause hurt”.


Section 39. “Voluntarily”.—A person is said to cause an effect “voluntarily” when he causes it by means whereby he INTENDED to cause it, or by means which, at the time of employing those means, he KNEW or had REASON TO BELIEVE to be likely to cause it.

Conclusion- No Reason To believe is an essential element in 321.

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🔥📝 RJS Mock Test 2

🌟 Test 1- https://t.me/CurrentLegalGK/2741

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🤝😎 If You Guys Are facing Any difficulty in understanding any concept or explanation for MCQ just ask us here.

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🚨💭 Section 187 B.N.S.S. -[AKA]- 167 Cr.P.C.

1. Question of BAIL by nearest Magistrate
2. Jurisdiction of Magistrate
3. Misuse by Police
4. Problem in Bail due to the scope of Police Custody.
5. No Express provision for Magistrate to forward to Jurisdictional Magistrate after 1st Remand.
6. Redundant Proviso of Judicial custody in Jail (already mentioned in 457 B.N.S.S.)

👨‍⚖️ CASE LAWS-
🌀 Budh Singh v. State of Punjab (3 Judge bench) 2000
🌀 V. Senthil Balaji v. State Rep. By Dy Director (division bench) 2023
🌀 Anupam J Kulkarni, 1992

#Question
Discuss the contradiction between these Judgments.

🥳🎁 The #64_cases series started by Sanchit (Shinzo) our respected Ninja member having birthday today let's wish him good luck for the future.

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📝💯 10 Entries for your, score + screenshots of major questions which you couldn't attempt successfully (difficult ones)

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SC rejects application of ‘eggshell skull’ rule in a case: What is this legal principle? 🔗
#explained_law #express_explained

#Question

Can this Doctrine be applied in Criminal Cases???

Answer: Applied in Compensation only.


Court clarified that the Rule would be applied when the condition of the patient falls in either of the four conditions, such as:

💯 “first, when a latent condition of the plaintiff has been unearthed;

💯second, when the negligence on the part of the wrongdoer re-activates a plaintiff's pre-existing condition that had subsided due to treatment;

💯 third, wrongdoer's actions aggravate known, pre-existing conditions, that have not yet received medical attention; and

💯 fourth, when the wrongdoer's actions accelerate an inevitable disability or loss of life due to a condition possessed by the plaintiff, even when the eventuality would have occurred with time, in the absence of the wrongdoer's actions.”


🌟Maxim- Just Compensation
RESTITUTIO IN INTEGRUM,
which means, make good the loss suffered.

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🌟 Free Premium Article

HC dismisses suo motu proceedings initiated without authorisation from the Chief Justice  - The Hindu
https://web.archive.org/web/20220407152234/https://www.thehindu.com/news/cities/Madurai/hc-dismisses-suo-motu-proceedings-initiated-without-authorisation-from-the-chief-justice/article65300071.ece

📧📮 👨‍⚖️ Procedure for Entertaining Epistolary Jurisdiction through Letters

A Division Bench of Justices Paresh Upadhyay and R. Vijayakumar observed there cannot be any dispute that every judge of the High Court was well within his right by the very constitutional office he holds to form an opinion as to whether any complaint / information received by him from a citizen or others needs to be taken suo motu cognisance in public interest.

However, having formed an opinion that such a complaint / information received by him needs to be considered a suo motu writ petition, no direction can be given by the judge to the Registry to register the complaint as a suo motu writ petition.

🌟 Procedure ---
The only and proper course of action was to direct the Registry to place such a complaint / information before the Chief Justice, may be through the committee appointed by the Chief Justice in this regard for appropriate consideration and order.

Even if a direction is given by the judge to the Registry to register the complaint as a suo motu petition, the Registrar (Judicial) or any officer acting on his behalf is bound to bring it to the notice of the Chief Justice. 


Further, even after permission is granted by the Chief Justice, such a petition needs to be listed for hearing before the appropriate Bench as per Roster or as may be directed by the Chief Justice. 

Even if such a petition is listed before the same judge, on whose directions the matter is registered as a suo motu writ petition, if that judge is not assigned the work by the Roster fixed by the Chief Justice or otherwise directed / permitted by the Chief Justice in that regard, the judge concerned cannot take up the said petition for hearing and / or pass any order on that petition.

In spite of all this, if any order is passed thereon without authorisation from the Chief Justice, such an order, as observed by the Larger Bench of this Court, would be void, and in any case, such an order cannot be treated to be an order passed by the competent court, the judges observed.

🌟 Case- https://indiankanoon.org/doc/179627686/?type=print

#Question
Will the procedure be different if the suo motu action is otherwise than on letters.

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'Trial In Absentia' Under Bharatiya Nagarik Suraksha Sanhita
https://www.livelaw.in/top-stories/trial-in-absentia-under-bharatiya-nagarik-suraksha-sanhita-247278