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¦
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https://t.me/CurrentLegalGK/2725
Last 2 Days for the Quiz Making Contestβ
π₯56 Entries Received
π₯³ Free contest
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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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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.
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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.
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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π Total 64 Participants with total 110+ Quizzes
π₯ @Ramaakusita (-)
π₯ @Futurejusticeabhii (Abhishek)
π₯ @Vanshitasinghp (Vanshita)
βΊοΈ Can't imagine 2 Years of Small Assistance by me to all the Intelligent legal minds is over, I am happy that I have continuously and selflessly helped every member.
π Made some good friends here
We will be continuing this for some more time....
Well if I would have started a YT channel 2 years ago then the reach of subscribers, the money π° would have been immense but I think I will be Starting my Youtube only when I think I am capable enough to deliver the Quality π€.
ππ₯π₯π₯ Choosing Winners for this Quiz was a difficult task because Every Participant did almost and equally well and that is why the reward will be given to Everyone soon....
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π₯ 70+ Members of our Group have successfully qualified for exams such as civil judge junior division, Assistant public prosecutor, Legal Assistant, Supreme court law clerks.
π§ π₯ We have completed 2.3 Lakh+ MCQs of Law and 55k+ MCQs for Langauge and 30k for Current affairs, computer, Static GK.
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@CurrentLegalGK
Winners of Quiz Making Competition | Celebrating 2 Years of Natural Justiceπ Total 64 Participants with total 110+ Quizzes
π₯
π₯
π₯
βΊοΈ Can't imagine 2 Years of Small Assistance by me to all the Intelligent legal minds is over, I am happy that I have continuously and selflessly helped every member.
π Made some good friends here
We will be continuing this for some more time....
Well if I would have started a YT channel 2 years ago then the reach of subscribers, the money π° would have been immense but I think I will be Starting my Youtube only when I think I am capable enough to deliver the Quality π€.
ππ₯π₯π₯ Choosing Winners for this Quiz was a difficult task because Every Participant did almost and equally well and that is why the reward will be given to Everyone soon....
π₯ 70+ Members of our Group have successfully qualified for exams such as civil judge junior division, Assistant public prosecutor, Legal Assistant, Supreme court law clerks.
π§ π₯ We have completed 2.3 Lakh+ MCQs of Law and 55k+ MCQs for Langauge and 30k for Current affairs, computer, Static GK.
βΊοΈThankx to Quizbot and Albert Ji
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3rd Topic.pdf
732.4 KB
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From Investigation to Trial
Investigation vs Inquiry
Difference between investigation and inquiry
@CurrentLegalGK
Investigation vs Inquiry
Difference between investigation and inquiry
@CurrentLegalGK
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#Quote
"Case laws are the foundation of our legal system. They are the embodiment of judicial wisdom and experience, and they play a vital role in shaping the laws of our country."
~ State of Madhya Pradesh v. Ramkrishna Baloji Modak (supreme court)
@CurrentLegalGK
"Case laws are the foundation of our legal system. They are the embodiment of judicial wisdom and experience, and they play a vital role in shaping the laws of our country."
~ State of Madhya Pradesh v. Ramkrishna Baloji Modak (supreme court)
@CurrentLegalGK
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