𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖
18.9K subscribers
831 photos
11 videos
1.65K files
2.94K links
📲 Contact → @CurrentLegalGKBOT

👨‍⚖ Filtered Information Brings Clarity.

🌐THE BEST FROM ALL LEGAL UPDATES BY EOD.

"Finding Quintessence of all possible POVs of provisions and Precedents
_____________
🧠 Daily Quiz → @LegalQuizzes

🚀 Enjoy Learning!
Download Telegram
𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖
Explained | Scope Of Article 131 Of Indian Constitution As Interpreted By Supreme Court In West Bengal's Suit Against Centre https://www.livelaw.in/top-stories/explained-scope-of-article-131-of-indian-constitution-as-interpreted-by-supreme-court-in-west-bengals…
👨‍⚖️📒📓Article 131 - Original Jurisdiction (GOI v. State/State v. State)

🌟 Issue and Background
CBI needs Consent of State to Investigate in a state but here CBI didn't take this permission from West Bengal (didi government) so WBG filed Case U/A 131 but GOI contended that (ISSUE)- GOI having no superintendence or control over the CBI.

🌟 Case - State of West Bengal v. Union of India, 2024 (Preliminary objection on maintainability of suit)

Division Bench (B.R. Gavai & Sandeep Mehta

🌟 Landmark Precedents—
1. State of Bihar v. UOI, 1970
2. State of Rajasthan v. UOI, 1977

3. Vineet Narain and Others v. Union of India, 1998

🌟 Central Bureau of Investigation (CBI)

📝 Relevant Sections of Delhi Police Establishment Act, 1946-
2 —(Constitution and powers),
3 —(offences to be investigated by the Special Police Establishment),
4 —(superintendence of SPE)
5 —(Extension of powers and jurisdiction) &
6 —(Consent of State government)


🌟 Issue of Suit— (present judgment deals with preliminary object not this issue)

Whether after withdrawal of the consent under Section 6 of the DSPE Act, the CBI via the defendant – The Union of India can continue to register and investigate cases in its area in violation of the provisions of Section 6 of the DSPE Act?

☝️Issue Yet to be decided—

Held— Current Preliminary objections regarding maintainability of suit by West bengal has been rejected in this judgment



🌟 Preliminary Objection-

1. CBI under superintendence of CVC and not UOI (Vineet Narayan)

2. “Subject to the provisions of this Constitution” in Article 131 means subject to other provisions of COI (including pending case in 136, 226) and so the case under 131 cannot be brought.


🌟 Issue 1 Held—
Exercise of powers, extension of jurisdiction, the superintendence of the
DSPE, all vests with the Government of India (read relevant sections)

Vineet Narain case—
Central Government's powers of superintendence do not extend to the investigation of specific cases, allowing the CBI to conduct investigations independently. However, the Central Government retains administrative control and overall superintendence of the DSPE.

🌟 Interpretation of the term “subject to the provisions of
this Constitution” (A. 131 COI)


The jurisdiction under Article
131 of the Constitution would only be subject to any other
provision in the Constitution which provides for entertaining a dispute between the parties mentioned therein. We could notice only one such other provision in the Constitution,
which is Article 262 (Adjudication of disputes relating to waters, of inter-State rivers or river valleys)

🔥 RatioMerely because, in any of the proceedings initiated under Article 32 or Article 136 or even Article 226 of the Constitution, ONE OF THE PARTIES is Common, in our view, the pendency of such proceedings would not come in the way of a specific party mentioned in Article 131 of the Constitution to take recourse to the remedy available.

32-136-226, are general remedies available to any party , and 131 is specific due to parties being UOI and states, so if any case related to this matter is filed against any of those under any of the above-mentioned remedies would not bar a suit to any party UOI or state in 131 {subject to (phrase)}


🌟 Reliance on Bihar v. UOI of India UOI argued

EVEN IF, CBI is an instrumentality of the State under Article 12 of the Constitution, it cannot be equated to the term Government of India as given under Article 131 of the Constitution.

Court rejected this argument because of GOI superintendence under those relevant sections of DSPE

@CurrentLegalGK
👍5🔥3
🌅 #Quotes

"It is during our darkest moments that we must focus to see the light."

— Aristotle



"Champions keep playing until they get it right"

Do SWOT analyses


@CurrentLegalGK
💯12👍8❤‍🔥3
🌟 Form an Opinion | Religious Conversion and its legal issues.

Are religious conversions a threat to our democratic fabric? does it have the potential to convert the majority into a minority and vice versa and to alter its demography? are anti conversion laws in consonance with the right to freedom of religion?

क्या धर्म परिवर्तन हमारे लोकतांत्रिक ताने-बाने के लिए ख़तरा है? क्या इसमें बहुसंख्यकों को अल्पसंख्यक में बदलने और इसके विपरीत अपनी जनसांख्यिकी को बदलने की क्षमता है? क्या धर्मांतरण विरोधी कानून धार्मिक स्वतंत्रता के अधिकार के अनुरूप हैं?

#legal_issues
@CurrentLegalGK
👍3😍2
🔊🔔🚨 Announcement

15 August is the date of the 1st Anniversary of this Channel

🧠 Planning to Organise a Competition.

💡 Suggest us some good Ideas for competition 👇


One competition is for sure is on logo making for our channel, if you think you can make a good logo share with us here- @CurrentLegalGKBOT

Our Motto is #Enjoy_Learning with the name of channel.

🥳🤩 Prize would be amazing again.

@CurrentLegalGK
👍11🤩3😍31👏1👌1
𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 pinned «🔊🔔🚨 Announcement 15 August is the date of the 1st Anniversary of this Channel 🧠 Planning to Organise a Competition. 💡 Suggest us some good Ideas for competition 👇 One competition is for sure is on logo making for our channel, if you think you can make…»
📝✍️ Do you want a Synopsis for Essay writing.

We have shared enough material for understanding as well as for practice.

Share outline for the below topic in 10 Sentences as what you are going to cover if you would write an essay on it.

1. Simple—
How far India has achieved Climate Justice

2. Medium—
Live in Relationship and Indian marriage institution.

3. Tough—
Menstrual leave policy



{Balance your synopsis or full essay}

---------------------

We will be sharing a 10-15 pointers essay outline in which you can get an idea as to how to attempt a zero knowledge topic.

Only if we get 10 entries from your side



@CurrentLegalGK
👍18🔥41👌1😇1
𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖
'Community Service' Under The BNS – An Incomplete Yet Promising Penologocial Advancement https://www.livelaw.in/articles/community-service-under-bhartiya-nyaya-sanhita-262322
🌳🌱 Community service

It is pertinent to note that in 1997, the 156th Law Commission Report had recommended for an amendment to Section 53 IPC to include 'community service' as an alternate to prison sentence, however, this recommendation was never adopted.

The first statutory reference for “community service” in India, is found in S. 18 (1)(c) of the Juvenile Justice Act, 2015. However, there was no provision for community service under the general penal law till the BNS, 2023.

🌟 Sunita Gandharva v State of MP, 2020 (not the first case)

The issue before the MP High Court was whether the scope of bail condition u/s 437(3) CrPC was wide enough to include community service. The High Court answered the question in the affirmative and held that the phrase “any other conditions in the interest of justice” laid down in Section 437(3) of CrPC gave the power to the Court to direct the accused/ offender to perform community service or other connected reformatory measures.

📝 Provisions with Community service

1. Involvement of public servants in illegal trade (Section
202)

2. Non-appearance in response to a proclamation (Section
209)

3. Attempt to commit suicide to influence legal authority
(Section 226)

4. First conviction of petty theft involving property valued
below ₹5,000. (Section 303 (2)

5. Public misconduct by a drunken person (Section 355)

6. Defamation [Section 356(2)]

Default in serving community service.

@CurrentLegalGK
👍6😍4👏2🔥1
𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖
References To IPC, CrPC & Evidence Act In Existing Laws To Be Read As References To BNS, BNSS & BSA : Centre Issues Notification https://www.livelaw.in/top-stories/references-to-ipc-crpc-evidence-act-in-existing-laws-to-be-read-as-references-to-bns-bnss-bsa…
🌟Section 8 General Clauses Act

Now wherever IPC is written in any other law shall be read as BNS.... (corresponding provisions of such law shall be construed accordingly)

So in this case BNS provisions mentioned in BNSS Schedule 1 can be read as IPC provisions in case there is an offence committed before 1st July and registered on 1st July.

#Question
As per notification IPC TO BE READ AS BNS, can we say Vice Versa to this ??


See the issue raised already by me earlier as well— https://t.me/CurrentLegalGK/3333 (last sentence)

@CurrentLegalGK
👍3🔥1
Primer on New Criminal Laws.pdf
2 MB
🔥 Primer on New Criminal Laws

Must refer this.....
New criminal manual

Verify with bare act (there maybe some errors) eg. 2(1)(d) for bail bond

@CurrentLegalGK
💯7🔥2
🧠 #MCQ by @CurrentLegalGK

A transferee who purchased a suit property via a registered sale deed during the pendency of a suit sought impleadment as a necessary party to defend his title. The impleadment was denied on the ground that Section 52 of the Transfer of Property Act, 1881 renders the transfers pendente lite void. Decide.

a. The impleadment was rightly denied as the doctrine of lis pendens renders the pendente lite transfers void.

b. The doctrine of lis pendens does not render all transfers pendente lite to be void ab initio. It only impacts the rights of the persons who are party to the pending litigation.

c. The impleadment cannot be denied to a transferee as there exists no bar to the impleadment of transferees pendente lite with notice to protect his interest in the suit property purchased via registered sale deed.

d. Both (b) and (c)


Answer 👇
👍6
🧠 #MCQ by @CurrentLegalGK

An incriminating material was posed by the prosecution against the accused, however, the accused was not provided a chance to explain the incriminating material posed against him. Decide.

a. Trial Could be vitiated if provisions of Section 351 of BNSS (akin to Section 313 CrPC) are not followed.

b. Depriving an accused to explain the incriminating material posed against him by the prosecution is contrary to Section 351 BNSS.

c. Non-adherence to the provision of Section 313 of CrPC would result in an acquittal of the accused if it prejudices the accused.

d. All of the Above.


@CurrentLegalGK
👍1