ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
Article 361: Immunity shield until Governor in office π #express_explained
ππ¨βπΌ
π Provisions: Article 361, S. 133 CPC,
π Case- Rameshwar Prasad v Union of India, 2006 that outlined the immunity enjoyed by the Governor βeven on allegation of personal malafides,β the Supreme Court held that βthe position in law, is that the Governor enjoys complete immunity.β
π What about civil immunity?
No Civil case can be instituted during his term of office whether an act is done before or after entering his office as President/ Governor until the expiration of two months next after NOTICE in writing has been delivered to the President/Governor or left at his officeβ
β Stating the nature of the
proceedings.
β Cause of action,
β Name,
β Description and Place of residence of the party by whom such proceedings are to be instituted and the
β Relief which he claims.
π Exceptionsβ
1. Article 61:-
β Conduct of the President (only) be brought under review
by any court, tribunal or body
β Appointed or designated
by either House of Parliament
β For investigation of a charge under article 61
2. Case against State:-
Right of any person to bring appropriate proceedings against GOI or GOS.
3. After he ceases from the office.
@CurrentLegalGK
Immunity to President and Governorπ Provisions: Article 361, S. 133 CPC,
π Case- Rameshwar Prasad v Union of India, 2006 that outlined the immunity enjoyed by the Governor βeven on allegation of personal malafides,β the Supreme Court held that βthe position in law, is that the Governor enjoys complete immunity.β
π What about civil immunity?
No Civil case can be instituted during his term of office whether an act is done before or after entering his office as President/ Governor until the expiration of two months next after NOTICE in writing has been delivered to the President/Governor or left at his officeβ
β Stating the nature of the
proceedings.
β Cause of action,
β Name,
β Description and Place of residence of the party by whom such proceedings are to be instituted and the
β Relief which he claims.
π Exceptionsβ
1. Article 61:-
β Conduct of the President (only) be brought under review
by any court, tribunal or body
β Appointed or designated
by either House of Parliament
β For investigation of a charge under article 61
2. Case against State:-
Right of any person to bring appropriate proceedings against GOI or GOS.
3. After he ceases from the office.
#Question
Mention the provisions of laws dealing with immunity for Judges
@CurrentLegalGK
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RJS MOCK TEST 3 @CurrentLegalGK.pdf
212.4 KB
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ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ 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¦
Telegram
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ 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. Minimumβ¦
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. Minimumβ¦
π₯3π1
π₯π
This time RJS is going to be tough either the paper or the cut off, I hope it goes with the former one.
Anyways in both the situations we have to study hard with a proper daily plan, which must contain the practical syllabus coverage on time with daily practice and time for revisions and review of tests...
If you need Questions and MCQs then Participate in the Quiz Making Contest pinned above π (31 entries recieved till now) all participants will get something π
Let's predict the RJS cut off before the exam and not afterwards because we have control over it now.
My Estimation says:- 70-75 if the paper is aligned with the PYQ analysis & a little bit of evolving pattern.
RJS CLEAR HOGA???This time RJS is going to be tough either the paper or the cut off, I hope it goes with the former one.
Anyways in both the situations we have to study hard with a proper daily plan, which must contain the practical syllabus coverage on time with daily practice and time for revisions and review of tests...
If you need Questions and MCQs then Participate in the Quiz Making Contest pinned above π (31 entries recieved till now) all participants will get something π
Let's predict the RJS cut off before the exam and not afterwards because we have control over it now.
My Estimation says:- 70-75 if the paper is aligned with the PYQ analysis & a little bit of evolving pattern.
Tip: Solve all State law PYQ especially Rajasthan exams.@CurrentLegalGK
For Hindi and English solve RPSC Exam papers as well.
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Misuse Of 498A IPC : Supreme Court Requests Parliament To Amend Corresponding Section In Bharatiya Nyaya Sanhita
https://www.livelaw.in/supreme-court/misuse-of-498a-ipc-supreme-court-requests-parliament-to-amend-corresponding-section-in-bharatiya-nyaya-sanhita-256930
https://www.livelaw.in/supreme-court/misuse-of-498a-ipc-supreme-court-requests-parliament-to-amend-corresponding-section-in-bharatiya-nyaya-sanhita-256930
www.livelaw.in
Misuse Of 498A IPC : Supreme Court Requests Parliament To Amend Corresponding Section In Bharatiya Nyaya Sanhita
Raising serious concerns about the misuse of Section 498A of the Indian Penal Code proceedings against the husband and in-laws by the wife, the Supreme Court on Friday (May 3) requested the...
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ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
Misuse Of 498A IPC : Supreme Court Requests Parliament To Amend Corresponding Section In Bharatiya Nyaya Sanhita https://www.livelaw.in/supreme-court/misuse-of-498a-ipc-supreme-court-requests-parliament-to-amend-corresponding-section-in-bharatiya-nyaya-sanhitaβ¦
π₯
π ACHIN GUPTA v. HARYANA, 2024
π Preeti Gupta v. State of Jharkhand, 2010 (leading)
Inviting the attention of the legislature to bring changes to the provision while taking into consideration the pragmatic realities and public opinion.
π Facts- HC refused 482
π 85 & 86 of BNS Cruelty (Cognizable )
πΌοΈ Bhajan Lal v. Haryana 1992
Scope of 482 and categories of cases where Quashing of F.I.R.
πIssue with 7th Category of Bhajan lal
π HC- Didn't qualify 7th Category of Bhajan lal
@CurrentLegalGK
SC brings attention of law ministry to amend 498Aπ ACHIN GUPTA v. HARYANA, 2024
π Preeti Gupta v. State of Jharkhand, 2010 (leading)
Inviting the attention of the legislature to bring changes to the provision while taking into consideration the pragmatic realities and public opinion.
π Facts- HC refused 482
π 85 & 86 of BNS Cruelty (Cognizable )
πΌοΈ Bhajan Lal v. Haryana 1992
Scope of 482 and categories of cases where Quashing of F.I.R.
πIssue with 7th Category of Bhajan lal
π HC- Didn't qualify 7th Category of Bhajan lal
π SC- 7th Category should be applied, and if Court convinced that the complaint with an oblique motive then even if the FIR and the chargesheet disclose the commission of a cognizable offence the Court with a view to doing substantial justice should read in between the lines the oblique motive of the complainant and take a pragmatic view of the matter."
@CurrentLegalGK
π7π«‘4π―2π1
Pre-Arrest Bail To Accused Residing Abroad
https://www.livelaw.in/articles/pre-arrest-bail-to-accused-residing-abroad-256604
https://www.livelaw.in/articles/pre-arrest-bail-to-accused-residing-abroad-256604
www.livelaw.in
Pre-Arrest Bail To Accused Residing Abroad
Situation 01: 'A' is accused of a bank fraud case (Non-bailable offences) in which it is alleged that he has siphoned off crores of rupees. It is alleged that A had applied for bank loan during...
π1π1π1
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
https://www.thehindu.com/news/national/what-are-the-essential-rituals-for-a-valid-hindu-marriage-explained/article68123953.ece
Lingari Obulamma v. L. Venkata Reddy, 1979
Performing datta homa and saptapadi are the two ceremonies essential to constitute a valid marriage.
@CurrentLegalGK
Laxmi Devi v. Satya Narayan 1994
Since there was no proof that βsaptapadiβ was performed in the second marriage, no offence of bigamy was committed.
Performing datta homa and saptapadi are the two ceremonies essential to constitute a valid marriage.
@CurrentLegalGK
Laxmi Devi v. Satya Narayan 1994
Since there was no proof that βsaptapadiβ was performed in the second marriage, no offence of bigamy was committed.
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ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
Pre-Arrest Bail To Accused Residing Abroad https://www.livelaw.in/articles/pre-arrest-bail-to-accused-residing-abroad-256604
π
π Provision:- 482 BNSS
New law has made a provision that a person accused of committing a gang rape to all woman who are under eighteen years of age can not seek the anticipatory bail.
πANTICIPATORY BAIL LAWβ
β Anticipatory bail application has to be supported by the affidavit of the person apprehending his arrest unlike in regular bail by Advocate's affidavit.
β Issue of filing Vakalatnama
π Case Laws:-
π Souda Beevi vs Mr. V. Ajith, 2011 (foreign residing person)
The purpose of an anticipatory bail order is that a person should make himself available for investigation without the threat of arrest floating on his shoulders. But in this case, the order of anticipatory bail was kept in cold storage for months and was misused.
π Anu Mathew v. Kerala, 2020
π Issues:-
1. Whether the court has jurisdiction to grant pre-arrest bail to the accused residing in a foreign countryβ
2. If the court has jurisdiction, then how should such jurisdiction be exercisedβ
π₯First Issueβ
β Right to Travel Abroad is a fundamental right as per Personal Liberty (Article 21)
β Fundamental right to access courts for determination of his rights. (Article 14 & 21)
β Pre-arrest bail can be supported by the affidavit of parokar of the applicant.
π₯Second Issueβ
Illustrations to be seen while exercising discretion to grant pre-arrest bail:
β Whether there is bonafide apprehension of arrest in a non-bailable offence in India,
β Whether the accused is not likely to cooperate in investigation/trial processes,
β Whether custodial interrogation is required,
β Whether the Accused bonafide went abroad as part of their job compulsions or he went abroad to flee away from the arm of law,
β Whether the accused was already abroad at the time of registration of the crime,
β Whether the accused had absconded from India after knowing about the registration of a Non-Bailable offence,
β Whether the accused intends to come back to India and cooperate with the investigation,
β Whether the attempt of the accused is to buy time and stultify the investigation and the trial.
β Conditionsβ
In Addition to conditions under 438 (2) (i) & (iii) Cr.P.C. Court can also add a condition that the accused person must within a reasonable and definite time come to India to cooperate and submit himself to investigation by police and in case he fails, the anticipatory bail would automatically vacate.
π Although no provision under CrPC makes it mandatory for the accused person to be physically present in India before his pre-arrest bail application can be heard on merits, suitable conditions can be imposed by the court based on facts and circumstances of the case to ensure his presence.
#Question
Travel Abroad is F.R. was held in which case?
#BNSS@CurrentLegalGK
Anticipatory Bail by Person residing outside India.π Provision:- 482 BNSS
New law has made a provision that a person accused of committing a gang rape to all woman who are under eighteen years of age can not seek the anticipatory bail.
πANTICIPATORY BAIL LAWβ
β Anticipatory bail application has to be supported by the affidavit of the person apprehending his arrest unlike in regular bail by Advocate's affidavit.
β Issue of filing Vakalatnama
π Case Laws:-
π Souda Beevi vs Mr. V. Ajith, 2011 (foreign residing person)
The purpose of an anticipatory bail order is that a person should make himself available for investigation without the threat of arrest floating on his shoulders. But in this case, the order of anticipatory bail was kept in cold storage for months and was misused.
π Anu Mathew v. Kerala, 2020
π Issues:-
1. Whether the court has jurisdiction to grant pre-arrest bail to the accused residing in a foreign countryβ
2. If the court has jurisdiction, then how should such jurisdiction be exercisedβ
π₯First Issueβ
β Right to Travel Abroad is a fundamental right as per Personal Liberty (Article 21)
β Fundamental right to access courts for determination of his rights. (Article 14 & 21)
β Pre-arrest bail can be supported by the affidavit of parokar of the applicant.
π₯Second Issueβ
Illustrations to be seen while exercising discretion to grant pre-arrest bail:
β Whether there is bonafide apprehension of arrest in a non-bailable offence in India,
β Whether the accused is not likely to cooperate in investigation/trial processes,
β Whether custodial interrogation is required,
β Whether the Accused bonafide went abroad as part of their job compulsions or he went abroad to flee away from the arm of law,
β Whether the accused was already abroad at the time of registration of the crime,
β Whether the accused had absconded from India after knowing about the registration of a Non-Bailable offence,
β Whether the accused intends to come back to India and cooperate with the investigation,
β Whether the attempt of the accused is to buy time and stultify the investigation and the trial.
β Conditionsβ
In Addition to conditions under 438 (2) (i) & (iii) Cr.P.C. Court can also add a condition that the accused person must within a reasonable and definite time come to India to cooperate and submit himself to investigation by police and in case he fails, the anticipatory bail would automatically vacate.
π Although no provision under CrPC makes it mandatory for the accused person to be physically present in India before his pre-arrest bail application can be heard on merits, suitable conditions can be imposed by the court based on facts and circumstances of the case to ensure his presence.
The subject of bail belongs to the blurred area of the criminal justice system and largely hinges on the hunch of the bench, otherwise called judicial discretion.
~ Justice Krishna Iyer
#Question
Travel Abroad is F.R. was held in which case?
#BNSS@CurrentLegalGK
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π
1. Temporary speaker If Seat is vacant [180(1) COI]
2. Convention of Senior member of house.
3. Governor Constitutional discretion as per 180(1)
Subject to judicial review. (Nabam rebia case. And S.R. Bommai)
4. All Powers of Elected speaker
(Surendra vasant sirsat case)
5. Judicial review of Legislative proceedings on ground of irregularity in procedure not allowed (Article 212) but speaker illegal decision subject to review.
@CurrentLegalGK
7 Questions on Pro Tem Speaker 1. Temporary speaker If Seat is vacant [180(1) COI]
2. Convention of Senior member of house.
3. Governor Constitutional discretion as per 180(1)
Subject to judicial review. (Nabam rebia case. And S.R. Bommai)
4. All Powers of Elected speaker
(Surendra vasant sirsat case)
5. Judicial review of Legislative proceedings on ground of irregularity in procedure not allowed (Article 212) but speaker illegal decision subject to review.
@CurrentLegalGK
π7π―3
π
β TRY MOCK FROM THIS INSTITUTE (No promotion)
π Timings: 6PM
https://www.judisure.com/test
@CurrentLegalGK
RJS MOCK TEST 4 β TRY MOCK FROM THIS INSTITUTE (No promotion)
π Timings: 6PM
https://www.judisure.com/test
πSend scores and difficult questions screenshots.
@CurrentLegalGK
Google Docs
JudiSure - Mock Test (RJS)
Rajasthan Judicial Services Pattern
π€8π1