🌟 Legislature Executive and judiciary

Independence and separation
Us or UK model?
https://youtu.be/aJ2PCdzUtmQ?feature=shared

Advocates Not Liable Under Consumer Protection Act For Deficiency Of Services : Supreme Court
https://www.livelaw.in/supreme-court/advocates-liable-under-consumer-protection-act-for-deficieency-of-services-supreme-court-257837

🌟✍️ BAR OF INDIAN LAWYERS v. D.K.GANDHI PS NATIONAL INSTITUTE OF COMMUNICABLE DISEASES, 2024

🌟 Reasoning of Judgment–
"We have distinguished professions from business and trade. We have said that a profession would require advanced education and training in some branch of learning or science. The nature of work is specialisation and skill, a substantial part of which is mental rather than manual. Having regard to the nature of work of a professional, which requires a high level of education and training and proficiency, and which involves skill and specialised kind of mental work operating in specialised spheres, where actual success depends on various factors beyond one's control, a professional cannot be treated equally or at par with a businessman or a trader or a service provider of products or goods,"

🌟 Lawyers profession is sui generis (unique)

🌟 The bench also opined that the judgment in
✓ Indian Medical Association v. VP Shantna, 1995 which held that doctors and medical professionals can be held liable under the Consumer Protection Act, requires to be revisited. The bench requested the Chief Justice of India to refer VP Shanta judgment to a larger bench for reconsideration.

@CurrentLegalGK

Why Supreme Court ruled that a lawyer cannot be sued for providing faulty ‘service’ 🔗
#explained_law #express_explained

What the draft Digital Competition Bill proposes, why Big Tech opposes it 🔗
#competition_commission #explained_law #express_explained

🌟 Evidence Mains solved

@CurrentLegalGK

Evidentiary value of Parliamentary Committee Reports | India Corporate Law
https://corporate.cyrilamarchandblogs.com/2021/03/evidentiary-value-of-parliamentary-committee-reports/

🌟 WILL HELP IN BNSS BNS BSA NEW CRIMINAL LAWS

Case - Kalpana Mehta v. Union of India, AIR 2018

🌟 Precedents followed - [R.S. Nayak v. A.R. Antulay 1984]

The Constitution Bench (kalpana) held that the Court can rely on a PSC Report as an ‘external aid’ for statutory interpretation. When the words of a statute are ambiguous, a PSC Report serves as an ‘external aid’ to interpret a statutory provision.

🌟 Use- PSC Report can be used to evaluate the historical background of a law, or the nature of the problem that a statute sought to cure (Mischief)

The Court also agreed with the conclusions of two earlier Constitution Bench decisions – in R.S. Nayak v. A.R. Antulay 1984 -and- State of Mysore v. R.V. Bidap 1974

In both these decisions, it was held that the reports and recommendations of Committees/Commissions which preceded the enactment of a statute can be used as ‘external aids’ to interpret the meaning of ambiguous words in a statutory provision. It was also clarified that such reports cannot be decisive, and the Court is free to arrive at a different conclusion.

These decisions also expressed disagreement with the approach adopted by British Courts – which had on many occasions taken a view that parliamentary materials are not legitimate tools of statutory interpretation. In Antulay’s case (1984) – the SC noted that across multiple jurisdictions, there was a growing trend of using committee reports as a tool for statutory interpretation, and even British Courts had begun reversing their earlier position.


BNSS and new criminal laws me help

@CurrentLegalGK

🌟 'GIST OF J20 INDIA CJI SPEECH

✍️Use- Read Bold and italicised text, then pick facts and lines which can be placed in your specific topic topic for essay on access to justice or Digitisation of courts.

What is the fullform of J20?

@CurrentLegalGK'

🌟 How to Clear MPADPO in 1st Attempt | Experience of toppers

मेरी mpadpo बनने की कहानी बहुत ही ज्यादा रोचक और अप्रत्याशित हैं और सबसे ज्यादा ये कि ये मेरे पापा का सपना था, जो पूरा हुआ और भगवान जी की कृपा , जिन्होंने मुझे सफलता दिलवाई🙏

जब पहली बार mpadpo की वेकैंसी आयी तब मैंने कम seats के कारण फॉर्म ही नही भरा था । जब seats increase हुई तब मैंने फॉर्म वापस fill करवाने के लिए हाइकोर्ट में petition file की और उसकी hearing भी नही हुई, उससे पहले ही पोर्टल खुल गया।
उसके बाद मैंने फॉर्म fill किया, फिर धीरे धीरे नियमित रूप से इस exam के लिए कुछ न कुछ पढ़ती रही । फिर exam के 2 महीने पहले पूरी तरह से इस एग्जाम पर फोकस किया और बहुत revision kiya.....अलग अलग टीचर्स के youtube पर videos देखे और नोट्स भी पूरे subjet के नही बनाएं ,लेकिन जितने भी फ्री mocks थे सब देने की कोशिश की और बस selection हो गया।

Preparation material - ये कुछ ख़ास नही था , objectives ki book thi bas ...उसको 2-3 बार solve किया

Challenges - challenging Gk part tha but vo bhi consistent YouTube videos dekhne se ho gaya

Advice - वेकैंसी का wait मत करो । जल्दी फिर से वेकैंसी आएगी तो अभी से syllabus में जितने सब्जेक्ट है, एक बार उनको पढ़ ले और समझ ले और नोट्स बना लें और gk पर भी ध्यान दें।

एक बात और add करना रह गयी , वो ये है कि जो मैंने इस vacancy में ये सब्जेक्ट्स को पूरा करने में टाइम दिया था वो upcj और बाकी states के ज्यूडिशियल एग्जाम में बहुत helpful रहा।

Thank you😊

By - Shubhangee

#Topper
@CurrentLegalGK

✍️ Kolkata Municipal Corporation V. Bimal kumar shah

🌟 7 Sub Rights of Article 300A

1. Right To Notice: Duty of the State to inform the person that it intends to acquire his property

2. Right To Be Heard: Duty of the State to hear objections to the acquisition

3. Right To A Reasoned Decision: Duty of the State to inform the person of its decision to acquire.

4. Duty To Acquire Only For Public Purpose: Duty of the State to demonstrate that the acquisition is for public purpose.

5. Right Of Restitution Or Fair Compensation: Duty of the State to restitute and rehabilitate.

6. Right To An Efficient And Expeditious Process: Duty of the State to conduct the process of acquisition efficiently and within prescribed timelines of the proceedings.

7. Right Of Conclusion: final conclusion of the proceedings.

Landmark recent case of right to property

@CurrentLegalG

🌟 When Constitution Benches are setup

1. 145(3) Substantial Question of Law
2. 143 Advisory Jurisdiction (r/w 145(3)
3. Conflicting Judgments by lower benches.
4. 3 Judge bench doubts correctness of earlier 3 judge bench.

🌟 Minimum Judges Bench in Supreme Court

💯 Article 145 of the empowers the Supreme Court to formulate rules.

💯 2013 Rules - Order VI Rule 1- normally all matters shall be heard by a bench consisting of “not less than two judges”. Nevertheless, the provision does not rule out the possibility of a single judge hearing cases (eg. Vacation bench)

💯 2019 Rules- The Supreme Court has announced that specific matters related to transfers of cases and bail will be heard by a single judge bench.

@CurrentLegalGK

Law regarding Consolidation of FIRs - Advocate Tanwar
https://advocatetanwar.com/law-regarding-consolidation-of-firs/

🌟 Consolidation of F.I.R.

Multiple F.I.R.s in case of same offence in multiple jurisdictions can be clubbed together for efficient investigation and to secure the rights of accused.

🌟 Landmark case laws–

SC in - Satvinder Kaur v. State Govt. NCT Delhi, 1999
If multiple FIRs are registered for different incidents, the police cannot club them together and must investigate them separately.

State of West Bengal v. Swapan Kumar Guha (1982)
SC held that when two FIRs have been lodged for the same incident, the investigating agency can investigate both the FIRs together if they are inter-connected and form part of the same transaction

Arnab Goswami case-
Consolidation of FIRs should not be done in a manner that violates the rights of the accused or the principles of fair investigation.

Amandeep Singh Sran v. State of Delhi, 2023–
FIRs In Multiple States Can't Be Clubbed When Offences Under State Enactments Also Involved: Supreme Court

Read Article 32 writ of mandamus in Supreme court and Section 406 CrPC and 446 BNSS also.

@CurrentLegalGK

50 year of Pokhran-I: Why India conducted its first nuclear tests 🔗
#everyday_explainers #express_explained #pokhran

🌟 NIA New Delhi v. owais amin @ cherry 2024

CrPC Not Retrospectively Applicable To J&K Before 31.10.2019; Prior Proceedings Should Comply With Old Law CrPC 1989

@CurrentLegalGK

Pre–Nuptial Agreement
https://www.livelaw.in/columns/prenuptial-agreement-matrimonial-alliance-family-court-divorce-218522

🌟 ALL ABOUT PRE NUPTIAL AGREEMENTS

✓ Meaning- Nuptial: Relating to Marriage, So an Agreement where couples are not married yet is called the Pre Nuptial Agreement.

🌟 Origin- Western Concept, especially U.S.A. because of almost 50% of Marriages ends up with divorce.

✓ Marvin v. Marvin, 1979 brings out the prevalence of non – marital agreements stating that unmarried couples can enter into the Pre – Nuptial Agreement via means of written, oral or implied form of contract.

✓ Purpose- Security for couples regarding pre- disclosure of proportion of assets for maintenance, conditions and to avoid litigation.

🌟 Concept of Pre Nuptial Agreement in India

1. No statutory provision
Pre – Nuptial Agreement in India, the agreement only helped the court to establish the base to determine the grant of divorce but not legally binding (only persuasive value).

2. "R. Rambilas vs. Ms. Anita, 2018
"A clause in an agreement that wife shall not be entitled to claim maintenance from husband cannot be used in proceedings under Section 125 of Cr.P.C., since, such clause is opposed to public policy and, therefore, void under Section 23 of the Contract Act."

3. Portugese civil code 1867 (goa ucc) has a provision of Pre Nuptial Agreement

4. Statutory rights and liabilities under, beneficial legislations such as Section 125 CrPC Section 24 HMA Section 20 DV Act and other codified personal and secular laws in India, cannot be bartered or negated by either spouse by entering into an agreement to the contrary.

5. A Family Court in Mumbai recently held that while a prenuptial agreement cannot be upheld as a binding contract India, it can still be considered to gain insight into the intentions of the parties involved.

🌟 Conclusion- Courts almost never decide the case of maintenance or divorce as per party wishes or on time and to avoid such situations Prenups are made but still in India it has no legal binding authority due to India's public policy under section 23 of Contract Act however a Prenup can be made and has a great value in deciding a case of dowry, streedhan, claims of maintenance based on earlier facts which have effect afterwards provided it should not be against any other law.

Remedy: Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985

#Discernible_Topics
@CurrentLegalGK

🌟 Bachan Singh vs State Of Punjab, 1980

✍️ Article 19 -

"The six fundamental freedoms guaranteed under Article 19(1) are not absolute rights.

Firstly, they are subject to inherent restraints stemming from the reciprocal obligation of one member of a civil society to so use his rights as not to infringe or injury similar rights of another. This is on the principle "sic uteri tuo ut alienum non laedas"

Secondly, under Cls. (2) to (6) these rights have been expressly made subject to the power the State impose reasonable restrictions, which may even extend prohibition, on the exercise of those rights."


🌟 L.I. IS RULE AND DEATH PENALTY IS EXCEPTION

"...It is imperative to voice the concern that courts, aided by the broad illustrative guidelines indicated by us, will discharge the onerous function with evermore scrupulous care and humane concern, directed along the highroad of legislative policy out- lined in Section 354(3), viz., that for persons convicted of murder, life imprisonment is the rule and death sentence an exception...."

@CurrentLegalGK