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.

#Discernible_Topics

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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

🌟 RJS Mock Test 3 Will be shared tomorrow

🌟Trial in Absentia
Summary with legal Implications and earlier judgments soon.

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💯 REMEDIES, RELIEFS, SENTENCING AND PUNISHMENTS

Parole, furlough, forms of punishments, probation, victims schemes, suspension of fine, imprisonment, remission, sentence hearing and other such topics.

🌟 Use this Material in your CrPC and IPC paper

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♂️♀️ 🌈 Word [Sex or Gender] in Article 15

https://www.thehindu.com/news/national/explained-how-has-the-supreme-court-interpreted-sex-and-gender-identity-in-the-past/article66763291.ece

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🙅 NALSA v. UOI, 2014
“Discrimination on the ground of sex under Articles 15 and 16, therefore, includes discrimination on the ground of gender identity. The expression “sex” used in Articles 15 and 16 is not just limited to biological sex of male or female, but intended to include people who consider themselves to be neither male nor female.”


🤫 Justice K.S. Puttaswamy v. Union of India, 2017 confirmed that the right to privacy was a fundamental right under Article 21 of the Constitution, and further held that it extended to an individual’s sexual orientation.

💯 The Court said that sexual orientation is an essential attribute of privacy and that discrimination based on it is deeply offensive to the dignity and self-worth of an individual. The judges further held that the right to privacy and “the protection of sexual orientation lies at the core of the
fundamental rights guaranteed by Arts 14, 15 and 21”.

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⏳👨‍⚖️ Time Period in BNSS

Most Crucial & Most funds demand Segment of Amendment. (Timely completion is good for speedy justice but for that infrastructure and vacancies to be installed and filled otherwise it would merely paper promise)

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🤝 One Member Asked this So I have Re-Shared it.

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BIHAR ADJ 2024 PRELIMS

🤭 Level of ADJ Exam

📌 Solve and Share your scores

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😎 *Select the 1st Option Only if you are an Undergraduate Degree Holder*

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👨‍⚖️ H.N. Rishbud and Inder Singh v. State of Delhi, 1954

🌟 INVESTIGATION CONSISTS OF–

“1) Proceeding to the concerned SPOT,
2) Ascertainment of FACTS and circumstances,
3) Discovery and ARREST,
4) Collection of evidence which includes EXAMINATION of various persons, SEARCH of places and seizure of things.
5) Formation of an OPINION on whether an offence is made out, and filing the CHARGESHEET accordingly.”


🔥👨‍⚖️ SHARIF AHMED v. UTTAR PRADESH, 2024

🌟 RELEVANCY OF CHARGESHEET
The details of the offence and investigation are not supposed to be a comprehensive thesis of the prosecution case, but at the same time, must reflect a thorough investigation into the alleged offence. It is on the basis of this record that the court can take effective cognisance of the offence and proceed to issue the process in terms of Section 190(1)(b) and Section 204 of the Code. In case of doubt or no offence is made out, it is open to the Magistrate to exercise other options.


🌟 DUTY OF I.O. AND CHARGESHEET CONTENTS

Investigating officer must make clear and complete entries of all columns in the chargesheet so that the court can–
1. Clearly understand which crime has been committed
2. By which accused and
3. What is the material evidence available on the file
4. Statements of 161 & related documents have to be enclosed
5. With the list of witnesses.
6. Role played by the accused in the crime should be separately and clearly mentioned in the chargesheet, for each of the accused persons.”,

🌟NON- BAILABLE WARRANT

“While there are no comprehensive set of guidelines for the issuance of nonbailable warrants, this Court has observed on several occasions that nonbailable warrants should not be issued, unless the accused is
1. Charged with a heinous crime,
and is likely to
2. Evade the process of law or
3. Tamper/destroy evidence.

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👨‍⚖️🧠 All About Cognizance

🌟 Meaning of Cognizance - (To be aware or To take judicial notice)

'Taking cognizance' which merely means judicial application of the mind of the Magistrate to the facts mentioned in the complaint with a view to take further action.

🌟 When is it not a Cognizance?

👍 R.R. Chari v. Uttar Pradesh 1951
When the Magistrate applies his mind not for the purpose of proceeding under the subsequent sections of this Chapter, but for taking action of some other kind, e.g. ordering investigation under S.156(3), or issuing a search warrant for the purpose of the investigation.

🌟 Can a Magistrate order investigation after taking cognizance?

Yes, 202 CrPC, Magistrate can direct an investigation to be made either by a police officer or by any other person. But it is only for a-
limited purpose: Only for helping the Magistrate to decide whether or not there is sufficient ground to proceed further.

Note: Case can be said to be instituted in a Court only when the Court takes cognizance.
(Chapter Caption)


🌟 Is the magistrate bound to take cognizance when he receives a Complaint?

No, Not bound to take cognizance if the facts alleged in the complaint, disclose the commission of an offence.
Discretion- "May take Cognizance"

👍 D. Lakshminarayana Reddy vs. V. Narayana Reddy 1976

Allegations disclose cognizable offence and the forwarding of the complaint to the police for investigation under s. 156(3) will be conducive to justice and save the valuable time of the Magistrate in enquiring into a matter which was primarily the duty of the police to investigate, he will be justified in adopting that course as an alternative


🌟 What is the difference between an investigation under S. 156(3) and S.202 of CrPC?

📝 GIST- Chapter 14 containing s. 190 deals with post-cognizance stage, Chapter 12, so far as Magistrate is concerned, deals with pre- cognizance stage that is to say, once a Magistrate starts acting u/s. 190 and the provisions following, he cannot resort to s. 156(3).

👍 D. Lakshminarayana Reddy vs. V. Narayana Reddy 1976 👇

1. Difference on Stages—
In case of a complaint regarding the commission of a cognizable offence, the power under 156(3) can be invoked by the Magistrate before he takes cognizance of the offence under 190(1)(a). But if he once takes such cognizance and embarks upon the procedure embodied in Chapter XV, he is not competent to switch back to the pre-cognizance stage and avail of 156(3).

2. Difference on Purpose—
156(3) Preemptory Reminder or Intimation- which embraces the entire continuous process which begins with the collection of evidence and ends with a report or charge sheet under 173. On the other hand 202 comes in at a stage when some evidence has been collected by the Magistrate in proceedings under Chapter XV, but the same is deemed insufficient to take a decision as to the next step in the prescribed procedure.

💯 MCQ on Cognizance-
https://t.me/CurrentLegalGK/2645

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Hi, this group's admin is copying your content. Just thought you should know

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