๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
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-bengalsโฆ
๐จโโ๏ธ๐๐
๐ 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.
๐ Case - State of West Bengal v. Union of India, 2024 (Preliminary objection on maintainability of suit)
Division Bench (B.R. Gavai & Sandeep Mehta
๐ Landmark Precedentsโ
1. State of Bihar v. UOI, 1970
2. State of Rajasthan v. UOI, 1977
3. Vineet Narain and Others v. Union of India, 1998
๐ Central Bureau of Investigation (CBI)
๐ Relevant Sections of Delhi Police Establishment Act, 1946-
2 โ(Constitution and powers),
3 โ(offences to be investigated by the Special Police Establishment),
4 โ(superintendence of SPE)
5 โ(Extension of powers and jurisdiction) &
6 โ(Consent of State government)
๐ Issue of Suitโ (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 โ 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?
โ๏ธIssue Yet to be decidedโ
๐ Preliminary Objection-
1. CBI under superintendence of CVC and not UOI (Vineet Narayan)
2. โSubject to the provisions of this Constitutionโ 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.
๐ Issue 1 Heldโ
Exercise of powers, extension of jurisdiction, the superintendence of the
DSPE, all vests with the Government of India (read relevant sections)
โ Vineet Narain caseโ
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.
๐ Interpretation of the term โsubject to the provisions of
this Constitutionโ (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)
๐ฅ Ratioโ Merely 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.
๐ Reliance on Bihar v. UOI of India UOI arguedโ
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.
@CurrentLegalGK
Article 131 - Original Jurisdiction (GOI v. State/State v. State)๐ 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.
๐ Case - State of West Bengal v. Union of India, 2024 (Preliminary objection on maintainability of suit)
Division Bench (B.R. Gavai & Sandeep Mehta
๐ Landmark Precedentsโ
1. State of Bihar v. UOI, 1970
2. State of Rajasthan v. UOI, 1977
3. Vineet Narain and Others v. Union of India, 1998
๐ Central Bureau of Investigation (CBI)
๐ Relevant Sections of Delhi Police Establishment Act, 1946-
2 โ(Constitution and powers),
3 โ(offences to be investigated by the Special Police Establishment),
4 โ(superintendence of SPE)
5 โ(Extension of powers and jurisdiction) &
6 โ(Consent of State government)
๐ Issue of Suitโ (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 โ 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?
โ๏ธIssue Yet to be decidedโ
Heldโ Current Preliminary objections regarding maintainability of suit by West bengal has been rejected in this judgment
๐ Preliminary Objection-
1. CBI under superintendence of CVC and not UOI (Vineet Narayan)
2. โSubject to the provisions of this Constitutionโ 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.
๐ Issue 1 Heldโ
Exercise of powers, extension of jurisdiction, the superintendence of the
DSPE, all vests with the Government of India (read relevant sections)
โ Vineet Narain caseโ
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.
๐ Interpretation of the term โsubject to the provisions of
this Constitutionโ (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)
๐ฅ Ratioโ Merely 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)}
๐ Reliance on Bihar v. UOI of India UOI arguedโ
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
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๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
๐จโโ๏ธ๐๐Article 131 - Original Jurisdiction (GOI v. State/State v. State) ๐ 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 GOIโฆ
"We rely on the judgment copy and do not confine ourselves to the summary of live law due to the broader scope of the judgment."
No verbatim from live law text just like other channels (kabhi kabhi bolna padta hai ๐)@CurrentLegalGK
โค7๐ฅ2๐ฏ1
โ๏ธ
I know you guys are not happy but that is what I said.
Sateek analysis ๐
https://t.me/CurrentLegalGK/3138
๐ 45 is lowest
@CurrentLegalGK
73 Exact cut off prediction ๐๐ฏI know you guys are not happy but that is what I said.
Sateek analysis ๐
https://t.me/CurrentLegalGK/3138
๐ 45 is lowest
Jo bhi objections hain please raise them here in the comments
@CurrentLegalGK
Telegram
๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
๐ Discuss these Questionsโ
According to GP Singh Interpretation Questions are not disputed ones because there is no exact expression of any doctrine it is a convention you can't say doctrine of pith and substances, ejusdem generis ya fir homogeneous interpretationโฆ
According to GP Singh Interpretation Questions are not disputed ones because there is no exact expression of any doctrine it is a convention you can't say doctrine of pith and substances, ejusdem generis ya fir homogeneous interpretationโฆ
๐ซก6๐ฅ4โค1๐1๐ฏ1
๐
#Quotes
"It is during our darkest moments that we must focus to see the light."
โ Aristotle
Do SWOT analyses
@CurrentLegalGK
"It is during our darkest moments that we must focus to see the light."
โ Aristotle
"Champions keep playing until they get it right"
@CurrentLegalGK
๐ฏ12๐8โคโ๐ฅ3
๐
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?
เคเฅเคฏเคพ เคงเคฐเฅเคฎ เคชเคฐเคฟเคตเคฐเฅเคคเคจ เคนเคฎเคพเคฐเฅ เคฒเฅเคเคคเคพเคเคคเฅเคฐเคฟเค เคคเคพเคจเฅ-เคฌเคพเคจเฅ เคเฅ เคฒเคฟเค เคเคผเคคเคฐเคพ เคนเฅ? เคเฅเคฏเคพ เคเคธเคฎเฅเค เคฌเคนเฅเคธเคเคเฅเคฏเคเฅเค เคเฅ เค เคฒเฅเคชเคธเคเคเฅเคฏเค เคฎเฅเค เคฌเคฆเคฒเคจเฅ เคเคฐ เคเคธเคเฅ เคตเคฟเคชเคฐเฅเคค เค เคชเคจเฅ เคเคจเคธเคพเคเคเฅเคฏเคฟเคเฅ เคเฅ เคฌเคฆเคฒเคจเฅ เคเฅ เคเฅเคทเคฎเคคเคพ เคนเฅ? เคเฅเคฏเคพ เคงเคฐเฅเคฎเคพเคเคคเคฐเคฃ เคตเคฟเคฐเฅเคงเฅ เคเคพเคจเฅเคจ เคงเคพเคฐเฅเคฎเคฟเค เคธเฅเคตเคคเคเคคเฅเคฐเคคเคพ เคเฅ เค เคงเคฟเคเคพเคฐ เคเฅ เค เคจเฅเคฐเฅเคช เคนเฅเค?
#legal_issues
@CurrentLegalGK
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?
เคเฅเคฏเคพ เคงเคฐเฅเคฎ เคชเคฐเคฟเคตเคฐเฅเคคเคจ เคนเคฎเคพเคฐเฅ เคฒเฅเคเคคเคพเคเคคเฅเคฐเคฟเค เคคเคพเคจเฅ-เคฌเคพเคจเฅ เคเฅ เคฒเคฟเค เคเคผเคคเคฐเคพ เคนเฅ? เคเฅเคฏเคพ เคเคธเคฎเฅเค เคฌเคนเฅเคธเคเคเฅเคฏเคเฅเค เคเฅ เค เคฒเฅเคชเคธเคเคเฅเคฏเค เคฎเฅเค เคฌเคฆเคฒเคจเฅ เคเคฐ เคเคธเคเฅ เคตเคฟเคชเคฐเฅเคค เค เคชเคจเฅ เคเคจเคธเคพเคเคเฅเคฏเคฟเคเฅ เคเฅ เคฌเคฆเคฒเคจเฅ เคเฅ เคเฅเคทเคฎเคคเคพ เคนเฅ? เคเฅเคฏเคพ เคงเคฐเฅเคฎเคพเคเคคเคฐเคฃ เคตเคฟเคฐเฅเคงเฅ เคเคพเคจเฅเคจ เคงเคพเคฐเฅเคฎเคฟเค เคธเฅเคตเคคเคเคคเฅเคฐเคคเคพ เคเฅ เค เคงเคฟเคเคพเคฐ เคเฅ เค เคจเฅเคฐเฅเคช เคนเฅเค?
#legal_issues
@CurrentLegalGK
๐3๐2
๐๐๐จ
15 August is the date of the 1st Anniversary of this Channel
๐ง Planning to Organise a 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.
๐ฅณ๐คฉ Prize would be amazing again.
@CurrentLegalGK
Announcement 15 August is the date of the 1st Anniversary of this Channel
๐ง Planning to Organise a Competition.
๐ก Suggest us some good Ideas for competition ๐
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.
๐ฅณ๐คฉ Prize would be amazing again.
@CurrentLegalGK
๐11๐คฉ3๐3โค1๐1๐1
Former CJI YV Chandrachud nurtured Basic Structure doctrine: Supreme Court Justice BV Nagarathna
Justice Nagarathna also lauded the 'rarest of rare' doctrine propounded by CJI Chandrachud in Bachhan Singh which is the test for imposition of death penalty in India.
https://www.barandbench.com/news/former-cji-yv-chandrachud-nurtured-basic-structure-doctrine-supreme-court-justice-bv-nagarathna
Justice Nagarathna also lauded the 'rarest of rare' doctrine propounded by CJI Chandrachud in Bachhan Singh which is the test for imposition of death penalty in India.
https://www.barandbench.com/news/former-cji-yv-chandrachud-nurtured-basic-structure-doctrine-supreme-court-justice-bv-nagarathna
Bar and Bench - Indian Legal news
Former CJI YV Chandrachud nurtured Basic Structure doctrine: Supreme Court Justice BV Nagarathna
Supreme Court judge Justice BV Nagarathna credited former Chief Justice of India (CJI) late YV Chandrachud for his contributions to the Basic Structure doctrine
๐4๐คฉ1๐1
๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข pinned ยซ๐๐๐จ Announcement 15 August is the date of the 1st Anniversary of this Channel ๐ง Planning to Organise a Competition. ๐ก Suggest us some good Ideas for competition ๐ One competition is for sure is on logo making for our channel, if you think you can makeโฆยป
๐โ๏ธ
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. Simpleโ
How far India has achieved Climate Justice
2. Mediumโ
Live in Relationship and Indian marriage institution.
3. Toughโ
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.
@CurrentLegalGK
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. Simpleโ
How far India has achieved Climate Justice
2. Mediumโ
Live in Relationship and Indian marriage institution.
3. Toughโ
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
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Police Stations Or Places Under Police Dept Control Can't Be Designated As Places To E-Record Witness Evidence Under BNSS : MHA To States/UTs
https://www.livelaw.in/top-stories/police-stations-or-places-under-police-dept-control-cant-be-designated-as-places-to-e-record-witness-evidence-mha-to-statesuts-263526
https://www.livelaw.in/top-stories/police-stations-or-places-under-police-dept-control-cant-be-designated-as-places-to-e-record-witness-evidence-mha-to-statesuts-263526
www.livelaw.in
Police Stations Or Places Under Police Dept Control Can't Be Designated As Places To E-Record Witness Evidence Under BNSS : MHAโฆ
The Union Ministry of Home Affairs has written to the State Governments stating that police stations or places under the control of the police department cannot be designated as places for the...
'Community Service' Under The BNS โ An Incomplete Yet Promising Penologocial Advancement
https://www.livelaw.in/articles/community-service-under-bhartiya-nyaya-sanhita-262322
https://www.livelaw.in/articles/community-service-under-bhartiya-nyaya-sanhita-262322
www.livelaw.in
'Community Service' Under The BNS โ An Incomplete Yet Promising Penologocial Advancement
The BNS, 2023, has for the first time introduced 'Community Service' as an alternate to imprisonment[1]. This welcome step marks a significant shift in the sphere of penology under the Indian...
๐ฏ2
๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
'Community Service' Under The BNS โ An Incomplete Yet Promising Penologocial Advancement https://www.livelaw.in/articles/community-service-under-bhartiya-nyaya-sanhita-262322
๐ณ
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 โcommunity serviceโ 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.
๐ 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 โany other conditions in the interest of justiceโ 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.
๐ Provisions with Community serviceโ
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 โน5,000. (Section 303 (2)
5. Public misconduct by a drunken person (Section 355)
6. Defamation [Section 356(2)]
Default in serving community service.
@CurrentLegalGK
๐ฑ Community serviceIt 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 โcommunity serviceโ 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.
๐ 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 โany other conditions in the interest of justiceโ 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.
๐ Provisions with Community serviceโ
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 โน5,000. (Section 303 (2)
5. Public misconduct by a drunken person (Section 355)
6. Defamation [Section 356(2)]
Default in serving community service.
@CurrentLegalGK
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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-centre-issues-notification-263583
https://www.livelaw.in/top-stories/references-to-ipc-crpc-evidence-act-in-existing-laws-to-be-read-as-references-to-bns-bnss-bsa-centre-issues-notification-263583
www.livelaw.in
References To IPC, CrPC & Evidence Act In Existing Laws To Be Read As References To BNS, BNSS & BSA : Centre Issues Notification
The Central Government has issued a notification to the effect that any reference of the Indian Penal Code, 1860, Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872, in any...
๐1
๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
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-bsaโฆ
๐
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.
#Questionโโ
See the issue raised already by me earlier as wellโ https://t.me/CurrentLegalGK/3333 (last sentence)
@CurrentLegalGK
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.
#Questionโโ
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 wellโ https://t.me/CurrentLegalGK/3333 (last sentence)
@CurrentLegalGK
๐3๐ฅ1
Primer on New Criminal Laws.pdf
2 MB
๐ฅ
Must refer this.....
New criminal manual
Verify with bare act (there maybe some errors) eg. 2(1)(d) for bail bond
@CurrentLegalGK
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
๐ฏ7๐ฅ2
๐ง ๐คฏ
1. Sanskrit language lawyerโ
Practicing law Sanskrit 45 years has not lost any case till now story lawyer awarded Sanskrit Mitra Award |
https://www.agniban.com/practicing-law-in-sanskrit-for-45-years-has-not-lost-any-case-till-now-story-of-a-lawyer-awarded-with-sanskrit-mitra-award/#goog_rewarded
๐ ๐ Guinness Books of World record
https://www.guinnessworldrecords.com/world-records/longest-career-as-a-lawyer
@CurrentLegalGK
2 Amazing Factsโ1. Sanskrit language lawyerโ
Practicing law Sanskrit 45 years has not lost any case till now story lawyer awarded Sanskrit Mitra Award |
https://www.agniban.com/practicing-law-in-sanskrit-for-45-years-has-not-lost-any-case-till-now-story-of-a-lawyer-awarded-with-sanskrit-mitra-award/#goog_rewarded
๐ ๐ Guinness Books of World record
https://www.guinnessworldrecords.com/world-records/longest-career-as-a-lawyer
@CurrentLegalGK
โค7๐ฅ3๐คฉ2๐คฃ2๐1๐1
๐ง #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 ๐
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)
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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
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
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Mr. A approached the Writ Court for Setting Aside the auction sale of his property on the ground that the executive authority had sold his property in violation of law. However, the Writ Court dismissed the petition on the ground that the conditions of Order 21 Rule 90 for setting aside a sale were not fulfilled by Mr. A. Decide.
a. Writ Court has rightly dismissed the petition as the conditions of Order 21 Rule 90 CPC ought to have been fulfilled by Mr. A.
b. Writ Court cannot ask Mr. A to fulfill conditions of Order 21 Rule 90 CPC for setting aside an illegal sale made in violation of law.
c. Order 21 Rule 90 CPC does not apply to writ court.
d. Both (b) and (c)
@CurrentLegalGK
#MCQ by @CurrentLegalGKMr. A approached the Writ Court for Setting Aside the auction sale of his property on the ground that the executive authority had sold his property in violation of law. However, the Writ Court dismissed the petition on the ground that the conditions of Order 21 Rule 90 for setting aside a sale were not fulfilled by Mr. A. Decide.
a. Writ Court has rightly dismissed the petition as the conditions of Order 21 Rule 90 CPC ought to have been fulfilled by Mr. A.
b. Writ Court cannot ask Mr. A to fulfill conditions of Order 21 Rule 90 CPC for setting aside an illegal sale made in violation of law.
c. Order 21 Rule 90 CPC does not apply to writ court.
d. Both (b) and (c)
@CurrentLegalGK
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