✍️ 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

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🌟 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.

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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.

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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

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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
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🌟 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...."

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‘Mother of PILs’ Kapila Hingorani first woman to have portrait in SC library
https://theprint.in/theprint-primer/mother-of-pils-kapila-hingorani-becomes-first-woman-to-have-her-portrait-in-sc-library/20413/

Legal luminary

🌟 Who all are the fatherS of PIL then?

Mention ✍️

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🌟 P. Naveen Kumar v. The District Collector 2024

The Madras High Court observed that no private individual can prevent any devotee from exercising his right to religion or any other fundamental right and if the right to privacy includes sexual orientation, it includes spiritual orientation as well.

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👨‍⚖️ 🌟 SUNITA DEVI VERSUS THE STATE OF BIHAR, 2024

We recommend the Department of Justice, Ministry of Law and Justice, Government of India, to consider introducing a comprehensive policy, possibly by way of getting an appropriate report from a duly constituted Sentencing Commission consisting of experts in different fields for the purpose of having a distinct sentencing policy. We request the Union of India to respond to our suggestion by way of an affidavit within a period of six months from today.”

“A Judge can never have unrestrictive and unbridled discretion, based upon his conscience formed through his understanding of the society, without there being any guidelines in awarding a sentence. The need for adequate guidelines for exercising sentencing discretion, avoiding unwanted disparity, is of utmost importance

✓ Unnecessary Discretion on Sentencing Violative of Fundamental Rights
"Sentencing shall not be a mere lottery. It shall also not be an outcome of a knee-jerk reaction. This is a very important part of the Fundamental Rights conferred under Articles 14 and 21.
Any unwarranted disparity would be against the very concept of a fair trial and, therefore, against justice.

✓ Section 360 & Probation of offenders ACT, 1958
“Any attempt to ignore either Section 360 of the CrPC, 1973 or the provisions as mandated in the Act, 1958 would make their purpose redundant….Therefore, we have absolute clarity in our mind, that a trial court is duty bound to comply with the mandate of Section 360 of the CrPC, 1973 read with Sections 3, 4 and 6 of the Probation Act before embarking into the question of sentence.”,

✍️ You can use this is in mains answer writing as jurisprudential essence of POA

✓ Principles of Sentencing through cases- (search for more)
https://t.me/CurrentLegalGK/2252

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🌟 Bail, sentencing and cruelty inpe laws ke liye recommendations di hai Supreme court ne and we have covered all.

🤝 If you want to add something you are free to comment.

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🌟 Charges_in_Criminal_Trials

Charge framing Along with Cases

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🌟 Secularism in Detail

Focus on Panthernirpeksh vs dharmanirpeksh, Judiciary, difference with western secularism, and summary

Note Making is essential ✍️

Watch in 1.5×

https://youtu.be/G0HMuIXWCAc?feature=shared

🌟 RJS MOCK Test 5

Question no. 10 and 15 subject to correction.

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