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....
Figures -
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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@CurrentLegalGK
β€βπ₯8π4β€3π₯3π2π1π―1π€£1
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
π5π5π₯2π―2β€1
CJI DY Chandrachud To Attend 'J20'- Summit Of Heads Of Apex Courts Of G20 Members - In Brazil
https://www.livelaw.in/top-stories/cji-dy-chandrachud-to-attend-j20-summit-of-heads-of-apex-courts-of-g20-members-in-brazil-257631
https://www.livelaw.in/top-stories/cji-dy-chandrachud-to-attend-j20-summit-of-heads-of-apex-courts-of-g20-members-in-brazil-257631
www.livelaw.in
CJI DY Chandrachud To Attend 'J20'- Summit Of Heads Of Apex Courts Of G20 Members - In Brazil
Chief Justice of India Dr. DY Chandrachud has been invited to attend 'J20' a summit of Heads of Supreme Courts and Constitutional Courts of all the G20 members. The J20 summit is being organised by...
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CJI DY Chandrachud To Attend 'J20'- Summit Of Heads Of Apex Courts Of G20 Members - In Brazil https://www.livelaw.in/top-stories/cji-dy-chandrachud-to-attend-j20-summit-of-heads-of-apex-courts-of-g20-members-in-brazil-257631
The conference which is taking place in Rio de Janeiro focuses on deliberating upon 3 major themes -
(1) The promotion of citizenship and social inclusion by the Judiciary;
(2) Climate litigation sustainable development
(3) Digital transformation and the use of technology to enhance judicial efficiency.
Prepare essay topics on them
@CurrentLegalGK
(1) The promotion of citizenship and social inclusion by the Judiciary;
(2) Climate litigation sustainable development
(3) Digital transformation and the use of technology to enhance judicial efficiency.
Prepare essay topics on them
@CurrentLegalGK
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Supreme Court Prescribes 30 Days Time Limit To Prefer Appeal Against Juvenile Justice Board Preliminary Assessment Order
https://www.livelaw.in/supreme-court/supreme-court-prescribes-30-days-time-limit-to-prefer-appeal-against-juvenile-justice-board-preliminary-assessment-order-257492
https://www.livelaw.in/supreme-court/supreme-court-prescribes-30-days-time-limit-to-prefer-appeal-against-juvenile-justice-board-preliminary-assessment-order-257492
www.livelaw.in
Supreme Court Prescribes 30 Days Time Limit To Prefer Appeal Against Juvenile Justice Board Preliminary Assessment Order
Noting that no time limit has been prescribed under the Juvenile Justice(Care and Protection of Children) Act, 2015 to prefer an appeal against the preliminary assessment order of the Juvenile...
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Supreme Court Prescribes 30 Days Time Limit To Prefer Appeal Against Juvenile Justice Board Preliminary Assessment Order https://www.livelaw.in/supreme-court/supreme-court-prescribes-30-days-time-limit-to-prefer-appeal-against-juvenile-justice-board-preliminaryβ¦
π
The Court noted that neither any time has been fixed for filing the appeal nor any provision is provided for condonation of delay in case where the appeal is sought to be preferred under Section 101(2) of the JJ Act against the JJB's preliminary assessment order passed under Section 15(1). The bench comprising Justices C.T. Ravikumar and Rajesh Bindal sought to fill up the gap by prescribing 30 days' time limit which otherwise does not go against the scheme of the Act.
βIn our opinion, the same being an omission. In order to make the Act workable and putting timelines for exercise of statutory right of appeal which always is there, we deem it appropriate to fill up this gap, which otherwise does not go against the scheme of the Act.
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βAs in the process of preliminary inquiry there is involvement of many persons, namely, the investigating officer, the experts whose opinion is to be obtained, and thereafter the proceedings before the Board, where for different reasons any of the party may be able to delay the proceedings, in our opinion the time so provided in Section 14(3) cannot be held to be mandatory, as no consequences of failure have been provided as is there in case of enquiry into petty offences in terms of Section 14(4) of the Act
π Latin Maxims which are used interpretation-
1 UT res mages valeat quam pareat
2. Casus Omissus
#JJ@CurrentLegalGK
Child In Conflict With Law Through His Mother v. State Of Karnataka & Anr, 2024
The Court noted that neither any time has been fixed for filing the appeal nor any provision is provided for condonation of delay in case where the appeal is sought to be preferred under Section 101(2) of the JJ Act against the JJB's preliminary assessment order passed under Section 15(1). The bench comprising Justices C.T. Ravikumar and Rajesh Bindal sought to fill up the gap by prescribing 30 days' time limit which otherwise does not go against the scheme of the Act.
βIn our opinion, the same being an omission. In order to make the Act workable and putting timelines for exercise of statutory right of appeal which always is there, we deem it appropriate to fill up this gap, which otherwise does not go against the scheme of the Act.
----
βAs in the process of preliminary inquiry there is involvement of many persons, namely, the investigating officer, the experts whose opinion is to be obtained, and thereafter the proceedings before the Board, where for different reasons any of the party may be able to delay the proceedings, in our opinion the time so provided in Section 14(3) cannot be held to be mandatory, as no consequences of failure have been provided as is there in case of enquiry into petty offences in terms of Section 14(4) of the Act
π Latin Maxims which are used interpretation-
1 UT res mages valeat quam pareat
2. Casus Omissus
#JJ@CurrentLegalGK
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π #My_Quote
"We are not civilised when we have buildings of Concrete, but we are civilised when we have buildings of wisdom"
~ Abhi
@CurrentLegalGK
"We are not civilised when we have buildings of Concrete, but we are civilised when we have buildings of wisdom"
~ Abhi
@CurrentLegalGK
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Interim_Bail_by_Ramesh_Singh.pdf
204.1 KB
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FORM IF 1 (1).pdf
15.6 KB
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FORM- IF5.pdf
20.6 KB
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