๐
โ๏ธ 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."
๐ 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
Bachan Singh vs State Of Punjab, 1980 โ๏ธ 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."
๐ 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
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โMother of PILsโ 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
https://theprint.in/theprint-primer/mother-of-pils-kapila-hingorani-becomes-first-woman-to-have-her-portrait-in-sc-library/20413/
Legal luminary
ThePrint
โMother of PILsโ Kapila Hingorani becomes first woman to have her portrait in SC library
Hingorani was one of only three female lawyers practicing in the Supreme Court in her time, and changed Indian jurisprudence by filing the first PIL in 1979.
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โ๏ธ
Bench- Full bench of 3 judges
1. R. F. Nariman
2. Mr. Justice Surya Kant
3. Mr. Justice V. Ramasubramanian
๐ Now Read this: https://t.me/CurrentLegalGK/2774
@CurrentLegalGK
Vinubhai Haribhai Malaviya v. State of Gujarat, 2019Whether after filing of chargesheet, magistrate has power to order further investigation, if yes then up to what stage
Bench- Full bench of 3 judges
1. R. F. Nariman
2. Mr. Justice Surya Kant
3. Mr. Justice V. Ramasubramanian
๐ Now Read this: https://t.me/CurrentLegalGK/2774
@CurrentLegalGK
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๐
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.
@CurrentLegalGK
P. Naveen Kumar v. The District Collector 2024The 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.
@CurrentLegalGK
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๐จโโ๏ธ ๐
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.โ
โA 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
โ 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.
โ Section 360 & Probation of offenders ACT, 1958
โAny attempt to ignore either Section 360 of the CrPC, 1973 or the provisions as mandated in the Act, 1958 would make their purpose redundantโฆ.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.โ,
โ๏ธ You can use this is in mains answer writing as jurisprudential essence of POA
โ Principles of Sentencing through cases- (search for more)
https://t.me/CurrentLegalGK/2252
@CurrentLegalGK
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.โ
โA 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
โ 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.
โ Section 360 & Probation of offenders ACT, 1958
โAny attempt to ignore either Section 360 of the CrPC, 1973 or the provisions as mandated in the Act, 1958 would make their purpose redundantโฆ.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.โ,
โ๏ธ You can use this is in mains answer writing as jurisprudential essence of POA
โ Principles of Sentencing through cases- (search for more)
https://t.me/CurrentLegalGK/2252
@CurrentLegalGK
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๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
๐จโโ๏ธ ๐ 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 constitutedโฆ
๐
๐ค If you want to add something you are free to comment.
@CurrentLegalGK
Bail, sentencing and cruelty inpe laws ke liye recommendations di hai Supreme court ne and we have covered all.๐ค If you want to add something you are free to comment.
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Charges_in_Criminal_Trials.pdf
502.6 KB
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Focus on Panthernirpeksh vs dharmanirpeksh, Judiciary, difference with western secularism, and summary
https://youtu.be/G0HMuIXWCAc?feature=shared
Secularism in DetailFocus on Panthernirpeksh vs dharmanirpeksh, Judiciary, difference with western secularism, and summary
Note Making is essential โ๏ธ
Watch in 1.5ร
https://youtu.be/G0HMuIXWCAc?feature=shared
YouTube
Secularism : Meaning and Debates : Concept Talk by Dr. Vikas Divyakirti
เคชเฅเคฐเคฟเคฏ เคตเฅเคฏเฅเค
เคฐเฅเคธ,
'เคเฅเคจเฅเคธเฅเคชเฅเค เคเฅเค' เคถเฅเคฐเฅเคเคเคฒเคพ เคเฅ เคเคธ เคตเฅเคกเคฟเคฏเฅ เคฎเฅเค เคกเฅ. เคตเคฟเคเคพเคธ เคฆเคฟเคตเฅเคฏเคเฅเคฐเฅเคคเคฟ เคจเฅ เคงเคฐเฅเคฎเคจเคฟเคฐเคชเฅเคเฅเคทเคคเคพ เคต เคชเคเคฅเคจเคฟเคฐเคชเฅเคเฅเคทเคคเคพ (Secularism) เคธเฅ เคเฅเฅเฅ เคธเคญเฅ เคชเคเฅเคทเฅเค เคชเคฐ เคตเคฟเคธเฅเคคเฅเคค เคเคฐเฅเคเคพ เคเฅ เคนเฅเฅค เคตเฅเคกเคฟเคฏเฅ เคเฅ เค เคตเคงเคฟ 5 เคเคเคเฅ เคธเฅ เฅเฅเคฏเคพเคฆเคพ เคเฅ เคนเฅ เคเคฐ เคถเคพเคฏเคฆ เคเคธเฅ เคเค เคฌเคพเคฐ เคฎเฅเค เคฆเฅเคเคจเคพ เคเคธเคพเคจ เคจเคนเฅเค เคนเฅเคเคพ, เคเคฟเคเคคเฅโฆ
'เคเฅเคจเฅเคธเฅเคชเฅเค เคเฅเค' เคถเฅเคฐเฅเคเคเคฒเคพ เคเฅ เคเคธ เคตเฅเคกเคฟเคฏเฅ เคฎเฅเค เคกเฅ. เคตเคฟเคเคพเคธ เคฆเคฟเคตเฅเคฏเคเฅเคฐเฅเคคเคฟ เคจเฅ เคงเคฐเฅเคฎเคจเคฟเคฐเคชเฅเคเฅเคทเคคเคพ เคต เคชเคเคฅเคจเคฟเคฐเคชเฅเคเฅเคทเคคเคพ (Secularism) เคธเฅ เคเฅเฅเฅ เคธเคญเฅ เคชเคเฅเคทเฅเค เคชเคฐ เคตเคฟเคธเฅเคคเฅเคค เคเคฐเฅเคเคพ เคเฅ เคนเฅเฅค เคตเฅเคกเคฟเคฏเฅ เคเฅ เค เคตเคงเคฟ 5 เคเคเคเฅ เคธเฅ เฅเฅเคฏเคพเคฆเคพ เคเฅ เคนเฅ เคเคฐ เคถเคพเคฏเคฆ เคเคธเฅ เคเค เคฌเคพเคฐ เคฎเฅเค เคฆเฅเคเคจเคพ เคเคธเคพเคจ เคจเคนเฅเค เคนเฅเคเคพ, เคเคฟเคเคคเฅโฆ
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RJS MOCK Test 5 @CurrentLegalGK.pdf
237.4 KB
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#MCQ by @CurrentLegalGK
Which of the statements given above is/are correct? (Easy Questions Galat nahi hone chahiye chahe kitne bhi bade kyo na ho)
Which of the statements given above is/are correct? (Easy Questions Galat nahi hone chahiye chahe kitne bhi bade kyo na ho)
Anonymous Quiz
2%
1. Union Territories are not represented in the Rajya Sabha,
3%
2. According to COI, the Parliament consists of the Lok Sabha and the Rajya Sabha only.
5%
3. It is within the purview of the Chief Election Commissioner to adjudicate the election disputes.
14%
All of the Above
10%
Only 1
10%
Only 2
19%
Only 3
20%
Both 1 and 3
17%
None
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Gopi Thotakura becomes first Indian space tourist: What is space travel โ and how much can a journey cost? ๐
#explained_sci_tech #express_explained
#explained_sci_tech #express_explained
The Indian Express
Gopi Thotakura becomes first Indian space tourist: What is space travel โ and how much can a journey cost?
Thotakura flew aboard a spacecraft of Blue Origin, one of the few private space companies offering a joy ride to people wanting to venture into space. The whole journey, from take off to landing lasted only about ten minutes.
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๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
Gopi Thotakura becomes first Indian space tourist: What is space travel โ and how much can a journey cost? ๐ #explained_sci_tech #express_explained
Blue Origin has not disclosed the price that its latest set of passengers paid for a seat on this journey. But according to space.com website, a similar journey on a Virgin Galactic spacecraft costs about $450,000 (about Rs 3.75 crore). A journey to the ISS is now estimated to cost anything between 20 to 25 million dollars (about Rs 160 to 210 crore). A recent NASA paper mentions that space companies SpaceX and Space Adventures were planning to offer a journey around the Moon for about 70 to 100 million dollars (about Rs 600 to 850 crore).
@CurrentLegalGK
@CurrentLegalGK
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#MCQ by @CurrentLegalGK
If the __ used in a statute makes it clear that a __ sense is intended, the rule of Ejusdem Generis shall not apply.
If the __ used in a statute makes it clear that a __ sense is intended, the rule of Ejusdem Generis shall not apply.
Anonymous Quiz
32%
(a) Specific words, narrow
30%
(b) Specific words, wider
20%
(c) General words, narrow
17%
(d) General words, wider
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Anonymous Quiz
21%
Legislative Body
12%
Judicial Body
25%
Quasi Judicial Body
22%
Executive Body
21%
Constitutional Body
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Cognizance Sh. Pradeep Mehta.pdf
642.3 KB
What is Cognizance.
2. Taking of Cognizance.
3. Cognizance is of offence not offender.
4. Cognizance of offence by magistrate.
5. Important points on Cognizance.
6. Making over of cases to Magistrates.
7. Cognizance of offence by Court of Sessions.
8. Cognizance taken by a magistrate not empowered.
9. Limitation on power to take Cognizance of offences.
10. Cognizance under special enactments.
a. Narcotic Drugs and Psychotropic Substances Act, 1985.
b. Prevention of Corruption Act, 1988
c. The Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989.
d. Protection of Children from Sexual Offences Act, 2012.
e. Prevention of Money Laundering Act, 2002.
11. Limitation for taking Cognizance.
12. Computing the period of limitation u/s 468 CrPC.
13. Conclusion.
@CurrentLegalGK
2. Taking of Cognizance.
3. Cognizance is of offence not offender.
4. Cognizance of offence by magistrate.
5. Important points on Cognizance.
6. Making over of cases to Magistrates.
7. Cognizance of offence by Court of Sessions.
8. Cognizance taken by a magistrate not empowered.
9. Limitation on power to take Cognizance of offences.
10. Cognizance under special enactments.
a. Narcotic Drugs and Psychotropic Substances Act, 1985.
b. Prevention of Corruption Act, 1988
c. The Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989.
d. Protection of Children from Sexual Offences Act, 2012.
e. Prevention of Money Laundering Act, 2002.
11. Limitation for taking Cognizance.
12. Computing the period of limitation u/s 468 CrPC.
13. Conclusion.
@CurrentLegalGK
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5_6231046580607126994.pdf
542.6 KB
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๐ #Question
Whether Death Penalty or Imprisonment for life can be passed in any circumstances to a juvenile tried as an adult.
{No child in conflict with law shall be sentenced to death or for life imprisonment without the possibility of release, for any such offence, either under the provisions of this Act or under the provisions of the Indian Penal Code (45 of 1860) or any other law for the time being in force.}
@CurrentLegalGK
Whether Death Penalty or Imprisonment for life can be passed in any circumstances to a juvenile tried as an adult.
{No child in conflict with law shall be sentenced to death or for life imprisonment without the possibility of release, for any such offence, either under the provisions of this Act or under the provisions of the Indian Penal Code (45 of 1860) or any other law for the time being in force.}
๐ค๐ญComment the answer ๐
@CurrentLegalGK
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