π§ #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 π
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 π
π6
π§ #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
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
π1
π§
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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πβοΈ 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. Simpleβ How farβ¦
Telegram
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
πβοΈ 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. Simpleβ
How farβ¦
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. Simpleβ
How farβ¦
π1π1
West Bengal Govt Constitutes Committee To Review New Criminal Laws, Suggest State-Specific Amendments
https://www.livelaw.in/top-stories/west-bengal-govt-constitutes-committee-to-review-new-criminal-laws-suggest-state-specific-amendments-263667
https://www.livelaw.in/top-stories/west-bengal-govt-constitutes-committee-to-review-new-criminal-laws-suggest-state-specific-amendments-263667
www.livelaw.in
West Bengal Govt Constitutes Committee To Review New Criminal Laws, Suggest State-Specific Amendments
The West Bengal government has passed a resolution constituting a seven-member committee to review the newly implemented criminal laws in order to inter alia determine whether the names of the...
π1
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
West Bengal Govt Constitutes Committee To Review New Criminal Laws, Suggest State-Specific Amendments https://www.livelaw.in/top-stories/west-bengal-govt-constitutes-committee-to-review-new-criminal-laws-suggest-state-specific-amendments-263667
π Non- NDA States will do this.
Current Eg. West bengal & Tamil Nadu
Though they cannot contradict central made law because criminal law is a part of concurrent list.
@CurrentLegalGK
Current Eg. West bengal & Tamil Nadu
Though they cannot contradict central made law because criminal law is a part of concurrent list.
It is good if they make better changes and make provisions more sound and clear.ο»Ώ
@CurrentLegalGK
π5π―3β€1π1π€1
Supreme Court Raises Concerns About Fresh Law Graduates Joining Judiciary, Low AIBE Standards & Politicisation Of Bar
https://www.livelaw.in/top-stories/supreme-court-raises-concerns-about-fresh-law-graduates-joining-judiciary-low-aibe-standards-politicisation-of-bar-263566
https://www.livelaw.in/top-stories/supreme-court-raises-concerns-about-fresh-law-graduates-joining-judiciary-low-aibe-standards-politicisation-of-bar-263566
www.livelaw.in
Supreme Court Raises Concerns About Fresh Law Graduates Joining Judiciary, Low AIBE Standards & Politicisation Of Bar
The Supreme Court on Tuesday called upon the Bar Council of India, Bar Councils of all states, the Supreme Court Bar Association, the Supreme Court Advocates-on-Record Association (SCAORA), and Bar...
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
Supreme Court Raises Concerns About Fresh Law Graduates Joining Judiciary, Low AIBE Standards & Politicisation Of Bar https://www.livelaw.in/top-stories/supreme-court-raises-concerns-about-fresh-law-graduates-joining-judiciary-low-aibe-standards-politicisationβ¦
π¨ββοΈ
ο»Ώ
ο»Ώπ¬ Comment Your Concrete & neutral views
@CurrentLegalGK
The Issue of Experienceβ
Do you guys really think experience is necessary?
Can 70% of MPCJ justify experience?
ο»Ώ
Should we not make changes in the legal education system also?
CJI goes to NLU why not to local government college?
No question raised by SC judges (suo moto) on major errors in conducting exams by HCs and PSCs
Why not to Increase the Level of Training? In that way fresh talent + good experience with little stipend
Whether practice of 2-3 years will give him experience?
Are there any other ways? Like to change the pattern of examination?
Any international practice that can be adopted?
ο»Ώπ¬ Comment Your Concrete & neutral views
@CurrentLegalGK
π―9π4π₯4β€1π€©1
'Permanent Alimony Is Awarded To Ensure Decent Living Standard For Wife' : Supreme Court Lists Out Factors To Be Considered
https://www.livelaw.in/top-stories/permanent-alimony-is-awarded-to-ensure-decent-living-standard-for-wife-supreme-court-lists-out-factors-to-be-considered-263709
https://www.livelaw.in/top-stories/permanent-alimony-is-awarded-to-ensure-decent-living-standard-for-wife-supreme-court-lists-out-factors-to-be-considered-263709
www.livelaw.in
'Permanent Alimony Is Awarded To Ensure Decent Living Standard For Wife' : Supreme Court Reiterates Factors To Be Considered
The Supreme Court (on July 15), while ordering the dissolution of marriage, observed that the award of maintenance or permanent alimony should not be penal. It should be for the purpose of...
π₯3π1
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'Permanent Alimony Is Awarded To Ensure Decent Living Standard For Wife' : Supreme Court Lists Out Factors To Be Considered https://www.livelaw.in/top-stories/permanent-alimony-is-awarded-to-ensure-decent-living-standard-for-wife-supreme-court-lists-out-factorsβ¦
π€
βοΈ Case- Kiran Jyot Maini vs Anish Pramod Patel
These factors include but are not limited to:
i. Status of the parties, social and financial.
ii. Reasonable needs of the wife and dependent children.
iii. Qualifications and employment status of the parties.
iv. Independent income or assets owned by the parties.
v. Maintain standard of living as in the matrimonial home.
vi. Any employment sacrifices made for family responsibilities.
vii. Reasonable litigation costs for a non-working wife.
viii.Financial capacity of husband, his income, maintenance obligations, and liabilities.
{Note: Status of parties significant factor}
-------------------------------
πΈπ΄ For maintenanceβ
β‘ Case- Rajnesh v. neeha, 2020
1. Maintenance of minor children
2. Serious disability or Ill health
3. Where wife is earning some income
4. Age and employment of parties.
5. Right to residence.
6. Citedβ Delhi High Court in Bharat Hedge v Smt. Saroj Hegde, 2007 π
β1. Status of the parties.
2. Reasonable wants of the claimant.
3.The independent income and property of the claimant.
4. The number of persons, the non-applicant has to maintain.
5. The amount should aid the applicant to live in a similar lifestyle as he/she enjoyed in the matrimonial home.
6. Non-applicantβs liabilities, if any.
7. Provisions for food, clothing, shelter, education, medical attendance and treatment etc. of the applicant.
8. Payment capacity of the non-applicant.
9. Some guess work is not ruled out while estimating the income of the non-applicant when all the sources or correct sources are not disclosed.
10. The non-applicant to defray the cost of litigation.
11. The amount awarded u/s 125 Cr.PC is adjustable against the
amount awarded u/ 24 of the Act.
--------------------------------
Irretrievable Breakdown Factors
π Case Shilpa Sailesh v. Varun Sreenivasan., 2023
1. The factors encompassed a period of cohabitation after marriage
2. The nature and gravity of allegations made by the parties.
3. Orders passed in previous or pending legal proceedings
4. Attempts at reconciliation or settlement and their outcomes.
5. Period of separation and other similar considerations.
#BNSS@CurrentLegalGK
#MAINTENANCE@CurrentLegalGK
Factors to be considered for AlimonyββοΈ Case- Kiran Jyot Maini vs Anish Pramod Patel
These factors include but are not limited to:
i. Status of the parties, social and financial.
ii. Reasonable needs of the wife and dependent children.
iii. Qualifications and employment status of the parties.
iv. Independent income or assets owned by the parties.
v. Maintain standard of living as in the matrimonial home.
vi. Any employment sacrifices made for family responsibilities.
vii. Reasonable litigation costs for a non-working wife.
viii.Financial capacity of husband, his income, maintenance obligations, and liabilities.
{Note: Status of parties significant factor}
-------------------------------
πΈπ΄ For maintenanceβ
β‘ Case- Rajnesh v. neeha, 2020
1. Maintenance of minor children
2. Serious disability or Ill health
3. Where wife is earning some income
4. Age and employment of parties.
5. Right to residence.
6. Citedβ Delhi High Court in Bharat Hedge v Smt. Saroj Hegde, 2007 π
β1. Status of the parties.
2. Reasonable wants of the claimant.
3.The independent income and property of the claimant.
4. The number of persons, the non-applicant has to maintain.
5. The amount should aid the applicant to live in a similar lifestyle as he/she enjoyed in the matrimonial home.
6. Non-applicantβs liabilities, if any.
7. Provisions for food, clothing, shelter, education, medical attendance and treatment etc. of the applicant.
8. Payment capacity of the non-applicant.
9. Some guess work is not ruled out while estimating the income of the non-applicant when all the sources or correct sources are not disclosed.
10. The non-applicant to defray the cost of litigation.
11. The amount awarded u/s 125 Cr.PC is adjustable against the
amount awarded u/ 24 of the Act.
--------------------------------
Irretrievable Breakdown Factors
π Case Shilpa Sailesh v. Varun Sreenivasan., 2023
1. The factors encompassed a period of cohabitation after marriage
2. The nature and gravity of allegations made by the parties.
3. Orders passed in previous or pending legal proceedings
4. Attempts at reconciliation or settlement and their outcomes.
5. Period of separation and other similar considerations.
Alimony, maintenance and irretrievable breakdown of marriage factors
#BNSS@CurrentLegalGK
#MAINTENANCE@CurrentLegalGK
π7β€2π₯1π1π―1
π
https://testbook.com/ias-preparation/sunset-clause
#Discernible_Topics
@CurrentLegalGK
Sunset Clause in statute
Origin, Purpose, Working, Features & Morehttps://testbook.com/ias-preparation/sunset-clause
#Discernible_Topics
@CurrentLegalGK
Testbook
Sunset Clause UPSC Notes: Origin, Purpose, Working, Features & More
A sunset clause is a legal element that establishes an expiration date or conditions for ending a law or agreement. Know the origin, purpose, examples, features, types, working, advantages, & limitations of a Sunset Clause. Download Sunset Clause UPSC Notesβ¦
π5π3
β‘π Section 162 Statement Bar Exceptions (Uses)β
145, 157, 32, 27 (when prosecution and defence can?)
@CurrentLegalGK
145, 157, 32, 27 (when prosecution and defence can?)
Which section of BNSS and BSA?
@CurrentLegalGK
π3π€©1
π
#Quote
Justice without power is inefficient; power without justice is tyranny.... Justice and power must therefore be brought together, so that whatever is just may be powerful, and whatever is powerful may be just."
~Blaise Pascal
Use: Excessive use of power by police.
@CurrentLegalGK
Justice without power is inefficient; power without justice is tyranny.... Justice and power must therefore be brought together, so that whatever is just may be powerful, and whatever is powerful may be just."
~Blaise Pascal
Use: Excessive use of power by police.
@CurrentLegalGK
π7β€βπ₯3π₯2
If Right To Speedy Trial Is Violated, Constitutional Courts Can Grant Bail Despite Statutory Restrictions : Supreme Court In UAPA Case
https://www.livelaw.in/top-stories/if-right-to-speedy-trial-is-violated-constitutional-courts-can-grant-bail-despite-statutory-restrictions-supreme-court-in-uapa-case-263778
https://www.livelaw.in/top-stories/if-right-to-speedy-trial-is-violated-constitutional-courts-can-grant-bail-despite-statutory-restrictions-supreme-court-in-uapa-case-263778
www.livelaw.in
If Right To Speedy Trial Is Violated, Constitutional Courts Can Grant Bail Despite Statutory Restrictions : Supreme Court In UAPAβ¦
In a significant judgment granting bail to an undertrial prisoner facing charges under the Unlawful Activities(Prevention) Act, 1967(UAPA), the Supreme Court on Thursday (July 18) held that a...
BNSS Will Be Applicable To All Criminal Appeals Filed After 1st July: Kerala High Court Frames Guidelines
https://www.livelaw.in/high-court/kerala-high-court/bnss-will-be-applicable-to-all-appeals-filed-after-1st-july-kerala-high-court-frames-guidelines-263781
https://www.livelaw.in/high-court/kerala-high-court/bnss-will-be-applicable-to-all-appeals-filed-after-1st-july-kerala-high-court-frames-guidelines-263781
www.livelaw.in
BNSS Will Be Applicable To All Criminal Appeals Filed After 1st July: Kerala High Court Frames Guidelines
The Kerala High Court has laid down the following principles to determine whether the procedure under the Code of Criminal Procedure, 1973 (Cr. P.C) or Bharatiya Nagarik Suraksha Sanhita, 2023...
π2
'Furlough not a legal right': Supreme Court explains difference between Parole and furlough | SCC Times
https://www.scconline.com/blog/post/2021/10/21/furlough-not-a-legal-right-supreme-court-explains-difference-between-parole-and-furlough/
https://www.scconline.com/blog/post/2021/10/21/furlough-not-a-legal-right-supreme-court-explains-difference-between-parole-and-furlough/
SCC Times
'Furlough not a legal right': Supreme Court explains difference between Parole and furlough
"Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough."
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'Furlough not a legal right': Supreme Court explains difference between Parole and furlough | SCC Times https://www.scconline.com/blog/post/2021/10/21/furlough-not-a-legal-right-supreme-court-explains-difference-between-parole-and-furlough/
π¨ββοΈπ Furlough v. Parole
State of Gujarat v. Narayana, 2021
1. Furlough and parole envisage a short-term temporary release from custody;
2. While parole is granted for the prisoner to meet a specific exigency, furlough may be granted after a stipulated number of years have been served without any reason;
3. The grant of furlough is to break the monotony of imprisonment and to enable the convict to maintain continuity with family life and integration with society;
4. Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough;
5. The grant of furlough must be balanced against the public interest and can be refused to certain categories of prisoners
@CurrentLegalGK
State of Gujarat v. Narayana, 2021
1. Furlough and parole envisage a short-term temporary release from custody;
2. While parole is granted for the prisoner to meet a specific exigency, furlough may be granted after a stipulated number of years have been served without any reason;
3. The grant of furlough is to break the monotony of imprisonment and to enable the convict to maintain continuity with family life and integration with society;
4. Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough;
5. The grant of furlough must be balanced against the public interest and can be refused to certain categories of prisoners
@CurrentLegalGK
π6β€3π₯1π―1
π§ #Question
Mention the Provisions/cases of CrPC/BNSS which deals with EXCEPTIONS to the Principle of Natural Justice. Also explain the reasons behind it.
π Natural justice consists of 3 broad principlesβ
1. Audi alteram partem
2. Nemo judex in causa sua
3. Reasoned decision.
@CurrentLegalGK
Mention the Provisions/cases of CrPC/BNSS which deals with EXCEPTIONS to the Principle of Natural Justice. Also explain the reasons behind it.
π Natural justice consists of 3 broad principlesβ
1. Audi alteram partem
2. Nemo judex in causa sua
3. Reasoned decision.
@CurrentLegalGK
β3β‘1π1π1
Enlarging 'Custody' under Section 167: An Analysis of the Concepts of 'House Arrest' and 'Transit Remand' in Light of the Supreme Courtβs Judgment in Gautam Navlakha v. National Investigation Agency | SCC Times
https://www.scconline.com/blog/post/2021/09/28/enlarging-custody-under-section-167-an-analysis-of-the-concepts-of-house-arrest-and-transit-remand-in-light-of-the-supreme-courts-judgme/
Transit remand
@CurrentLegalGK
https://www.scconline.com/blog/post/2021/09/28/enlarging-custody-under-section-167-an-analysis-of-the-concepts-of-house-arrest-and-transit-remand-in-light-of-the-supreme-courts-judgme/
Transit remand
@CurrentLegalGK
SCC Times
Enlarging 'Custody' under Section 167: An Analysis of the Concepts of 'House Arrest' and 'Transit Remand' in Light of the Supremeβ¦
by Anuj Berryβ , Anusha Rameshβ β , Bhargavi Vadeyarβ β β and Vinayak Chawla*
π―3π2π2
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
Enlarging 'Custody' under Section 167: An Analysis of the Concepts of 'House Arrest' and 'Transit Remand' in Light of the Supreme Courtβs Judgment in Gautam Navlakha v. National Investigation Agency | SCC Times https://www.scconline.com/blog/post/2021/09/28/enlargingβ¦
π₯³ #Tip
Must solve the recently 2024 conducted HJS (haryana) Mains Question Papers for Medium to high level or practice.
Suggestion by- Tarun Khatri (appeared for mains)
@CurrentLegalGK
Must solve the recently 2024 conducted HJS (haryana) Mains Question Papers for Medium to high level or practice.
Suggestion by- Tarun Khatri (appeared for mains)
@CurrentLegalGK
π5β€2π1π₯1