Supreme Court Clarifies That Its Order On Minimum 1/3rd Women's Reservation In SCBA Posts Is On 'Experimental Basis'
https://www.livelaw.in/top-stories/supreme-court-scba-women-reservation-experimental-basis-257131
https://www.livelaw.in/top-stories/supreme-court-scba-women-reservation-experimental-basis-257131
www.livelaw.in
Supreme Court Clarifies That Its Order On 1/3rd Women's Reservation In SCBA Posts Is On 'Experimental Basis', Impediments May Beβ¦
The Supreme Court today (May 06) clarified that its order whereby it had directed reservation of minimum one-third seats for women in the Supreme Court Bar Association's executive committee is on an...
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Supreme Court Clarifies That Its Order On Minimum 1/3rd Women's Reservation In SCBA Posts Is On 'Experimental Basis' https://www.livelaw.in/top-stories/supreme-court-scba-women-reservation-experimental-basis-257131
π Supreme Court Bar Association v. BD Kaushik, 2024
In this case it was directed to make reforms and 1/3rd reservation seats for women.
Recent clarification order-
Court observed that SCBA is a βpremier institution,β and its norms cannot remain static. The Court also underscored the need for timely reforms to confront the institution's challenges. Thus, the Court also passed directions to the SCBA to call for suggestions from the bar for reforming the SCBA rules regarding eligibility conditions for contestants, admission fee etc.
@CurrentLegalGK
In this case it was directed to make reforms and 1/3rd reservation seats for women.
Recent clarification order-
Court observed that SCBA is a βpremier institution,β and its norms cannot remain static. The Court also underscored the need for timely reforms to confront the institution's challenges. Thus, the Court also passed directions to the SCBA to call for suggestions from the bar for reforming the SCBA rules regarding eligibility conditions for contestants, admission fee etc.
minimum one-third seats for women in the Supreme Court Bar Association's executive committee is on an "experimental basis" and that any difficulty faced in implementing the reforms would be placed before the Court.
@CurrentLegalGK
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1. 249- National Interest.
2. 250- National Emergency
3. 252- Agreement with state.
4. 253- International treaty.
5. 356- President rule.
β¨ 6. 369- Temporary Power to Parliament to make laws with respect to certain matters in state list, 5 years from enforcement of CoI.
@CurrentLegalGK
When Parliament can Legislate on State list.1. 249- National Interest.
2. 250- National Emergency
3. 252- Agreement with state.
4. 253- International treaty.
5. 356- President rule.
β¨ 6. 369- Temporary Power to Parliament to make laws with respect to certain matters in state list, 5 years from enforcement of CoI.
@CurrentLegalGK
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Mere Expression 'Benefit Of Doubt' In Judgment Doesn't Mean Acquittal Was Not Honourable; Entire Reasoning Has To Be Appreciated: Bombay High Court
https://www.livelaw.in/high-court/bombay-high-court/bombay-high-court-honourable-acquittal-benefit-of-doubt-231059
https://www.livelaw.in/high-court/bombay-high-court/bombay-high-court-honourable-acquittal-benefit-of-doubt-231059
www.livelaw.in
Mere Expression 'Benefit Of Doubt' In Judgment Doesn't Mean Acquittal Was Not Honourable; Entire Reasoning Has To Be Appreciated:β¦
The Bombay High Court recently held that just because the expression βbenefit of doubtβ has been used in a judgment acquitting a person, does not mean that the acquittal was not honourable and the...
District_Judiciary__Fundamental_Rights1.pdf
635 KB
Role of District Judiciary In
Protecting Fundamental Rights
So if you say my favourite subject is Constitution you can quote these cases why constitution is essential for District Judiciary as well.
Landmark Judgments from CrPC / BNSS
@CurrentLegalGK
Protecting Fundamental Rights
So if you say my favourite subject is Constitution you can quote these cases why constitution is essential for District Judiciary as well.
Landmark Judgments from CrPC / BNSS
@CurrentLegalGK
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PRECEDENT.pdf
640.2 KB
LAW OF PRECEDENTS
1. Ratio decidendi
2. Speaking order v. Non speaking order
3. Casual observations
4. Obiter dicta
Circumstances that weaken the
binding force of a precedent
β’ Ruling reversed by a higher court
β’ When affirmed or reversed on a different ground
β depending on the circumstances
β’ When legislature enacts a statute that is
inconsistent with the precedent
β’ Inconsistent with earlier decisions of a higher
court or a court of the same rank
β’ Precedent sub silentio
β’ When rendered per incuriam
@CurrentLegalGK
1. Ratio decidendi
2. Speaking order v. Non speaking order
3. Casual observations
4. Obiter dicta
Circumstances that weaken the
binding force of a precedent
β’ Ruling reversed by a higher court
β’ When affirmed or reversed on a different ground
β depending on the circumstances
β’ When legislature enacts a statute that is
inconsistent with the precedent
β’ Inconsistent with earlier decisions of a higher
court or a court of the same rank
β’ Precedent sub silentio
β’ When rendered per incuriam
Doctrine of merger by later cases that supercede earlier or enhance it.
@CurrentLegalGK
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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¦
π
π₯³ Free contest
https://t.me/CurrentLegalGK/2725
Last 2 Days for the Quiz Making Contestβ
π₯56 Entries Received
π₯³ Free contest
https://t.me/CurrentLegalGK/2725
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π General Meanings of β
βPardon
βCommutation
βRemission
βReprieve or suspension
βRespite
@CurrentLegalGK
βPardon
βCommutation
βRemission
βReprieve or suspension
βRespite
#Question
So a person will not be considered a rescidivist for section 75 IPC if he gets pardon???
@CurrentLegalGK
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Can Courts Admit Evidence Which Has Been Obtained Illegally Or Improperly?
https://www.livelaw.in/know-the-law/illegally-obtained-evidence-admissibility-143609
https://www.livelaw.in/know-the-law/illegally-obtained-evidence-admissibility-143609
www.livelaw.in
Can Courts Admit Evidence Which Has Been Obtained Illegally Or Improperly?
The admissibility of evidence in Courts in India is dependent on its relevancy as per the provisions of Indian Evidence Act.Illegality or impropriety in obtaining the evidence will not affect its...
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Can Courts Admit Evidence Which Has Been Obtained Illegally Or Improperly? https://www.livelaw.in/know-the-law/illegally-obtained-evidence-admissibility-143609
π Pooran Mal v Director of Inspection AIR 1974
After quoting the observations of the Privy Council in ( Kuruma v The Queen [1955]) the SC observed as follows:
"It would be thus seen that in India, as in English, where the test of admissibility of evidence lies in its relevancy, unless there is an express or necessarily implied prohibition in the Constitution or other law, evidence obtained as a result of illegal search or seizure is not liable to be shut out".
#Interview
@CurrentLegalGK
After quoting the observations of the Privy Council in ( Kuruma v The Queen [1955]) the SC observed as follows:
"It would be thus seen that in India, as in English, where the test of admissibility of evidence lies in its relevancy, unless there is an express or necessarily implied prohibition in the Constitution or other law, evidence obtained as a result of illegal search or seizure is not liable to be shut out".
#Interview
@CurrentLegalGK
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Do marriages need to be registered? What happens if they are not? π
#explained_law #express_explained #hindu_marriage_act #special_marriage_act
#explained_law #express_explained #hindu_marriage_act #special_marriage_act
The Indian Express
Do marriages need to be registered? What happens if they are not?
Last week, the Supreme Court ruled that a Hindu marriage is not valid βunless performed with ceremonies in proper formβ. This was despite the couple in question having an official marriage certificate. Here is why.
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Section 5 in The General Clauses Act, 1897
(1) Where any Central Act is not expressed to come into operation on a particular day, then it shall come into operation on the day on which it receives the assent.
πIllustration- When BNSS will Come into Force?
Section 1(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
#Interview
@CurrentLegalGK
When does a Statute Come into force?Section 5 in The General Clauses Act, 1897
(1) Where any Central Act is not expressed to come into operation on a particular day, then it shall come into operation on the day on which it receives the assent.
πIllustration- When BNSS will Come into Force?
Section 1(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
If this section was not present in BNSS then the date would have been 25th December for both Enactment and Enforcement or Aaj sub ka haal bhi kuch alag hota π.
#Interview
@CurrentLegalGK
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Exploring The Role Of Governors: Navigating The Trend Of State Governors Facing Litigation Over Withholding Assent Over A Bill
https://www.livelaw.in/articles/governors-federalism-democracy-257277
https://www.livelaw.in/articles/governors-federalism-democracy-257277
www.livelaw.in
Exploring The Role Of Governors: Navigating The Trend Of State Governors Facing Litigation Over Withholding Assent Over A Bill
The Governor is an unelected Head of the State and cannot use his constitutional powers to thwart the normal course of lawmaking by the State. Governors stand as pivotal figures, entrusted with...
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Supreme Court Suggests Open Air Prisons As Solution To Overcrowding Of Prisons, Cites Rajasthan Model
https://www.livelaw.in/top-stories/supreme-court-suggests-open-air-prisons-as-solution-to-overcrowding-of-prisons-cites-rajasthan-model-257537
https://www.livelaw.in/top-stories/supreme-court-suggests-open-air-prisons-as-solution-to-overcrowding-of-prisons-cites-rajasthan-model-257537
www.livelaw.in
Supreme Court Suggests Open Air Prisons As Solution To Overcrowding Of Prisons, Cites Rajasthan Model
The Supreme Court on Thursday observed that one of the solutions for overcrowding in prisons can be establishing open-air prisons/camps, and that it will also address the issue of rehabilitation of...
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βοΈπ¨ββοΈ
https://www.legalbites.in/critical-analysis-difference-illegal-irregular-procedure/
@CurrentLegalGK
Irregular vs Illegal https://www.legalbites.in/critical-analysis-difference-illegal-irregular-procedure/
@CurrentLegalGK
www.legalbites.in
Difference between Illegal and Irregular Procedure
Difference between Illegal and Irregular Procedure | Overview Meaning of Procedure under the Law Meaning of βIllegalityβ and βIrregularityβ The distinction between Procedural Illegality and...
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βοΈπ¨ββοΈ Irregular vs Illegal https://www.legalbites.in/critical-analysis-difference-illegal-irregular-procedure/ @CurrentLegalGK
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When the term irregular is used, it is presumed that a part of the procedure to be followed has not been followed while substantial other parts which were required to be followed were followed.
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Example- Section 164 CrPC
if the confession is recorded by a police officer or the Magistrate forgets to prepare a memorandum, this is procedural irregularity as one of the several procedures was not followed. However, if the confession is not voluntary and still recorded by coercion, this is procedural illegality because involuntary confession is a violation of the entire procedure and not merely a part of it.
2. Illegal act cannot be made legal under any circumstances. Nevertheless, an irregular act can be cured of such irregularity by the court or higher authority if the statute provides power to such authority.
#Vocabulary@CurrentLegalGK
Illegal vs Irregular π
State of U.P. v. Desh RajWhen the term irregular is used, it is presumed that a part of the procedure to be followed has not been followed while substantial other parts which were required to be followed were followed.
-----
Example- Section 164 CrPC
if the confession is recorded by a police officer or the Magistrate forgets to prepare a memorandum, this is procedural irregularity as one of the several procedures was not followed. However, if the confession is not voluntary and still recorded by coercion, this is procedural illegality because involuntary confession is a violation of the entire procedure and not merely a part of it.
2. Illegal act cannot be made legal under any circumstances. Nevertheless, an irregular act can be cured of such irregularity by the court or higher authority if the statute provides power to such authority.
Procedural illegality applies to an act forbidden or prohibited by the law. On the other hand, irregularity applies to an act which, even though not prohibited by law, but not permitted by any statutory provision. It applies to acts which are not done completely done even though the law mandates it to be done.#Discernible_Topics
#Vocabulary@CurrentLegalGK
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