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
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
'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."
π5π₯2
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
'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
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§ #Question
@CurrentLegalGK
Can a Magistrate order House Arrest?
Will House Arrest be counted under 60/90 days of 167 CrPC Custody (187 BNSS)?
Does the House arrest amounts to police custody or judicial custody
Will Transit remand be counted under 167?
Whether superior courts can order Remand under 167@CurrentLegalGK
π€2β€1
Chaining Freedom: The Conflict Between Use Of Handcuffs Under BNSS And Right To Life And Personal Liberty
https://www.livelaw.in/articles/chaining-freedom-the-conflict-between-use-of-handcuffs-under-bnss-and-right-to-life-and-personal-liberty-263793
https://www.livelaw.in/articles/chaining-freedom-the-conflict-between-use-of-handcuffs-under-bnss-and-right-to-life-and-personal-liberty-263793
www.livelaw.in
Chaining Freedom: The Conflict Between Use Of Handcuffs Under BNSS And Right To Life And Personal Liberty
On 1st July, 2024, the new criminal laws i.e., Bharatiya Nyaya Sanhita, 2023 ['BNS'], Bharatiya Nagarik Suraksha Sanhita, 2023 ['BNSS'] and Bharatiya Sakshya Adhiniyam, 2023 ['BSA'] have come...
Understanding E-Evidence Under Bhartiya Sakshya Adhiniyam 2023: Key Provisions And Implications
https://www.livelaw.in/know-the-law/understanding-e-evidence-under-bhartiya-sakshya-adhiniyam-2023-key-provisions-and-implications-263448
https://www.livelaw.in/know-the-law/understanding-e-evidence-under-bhartiya-sakshya-adhiniyam-2023-key-provisions-and-implications-263448
www.livelaw.in
Understanding E-Evidence Under Bhartiya Sakshya Adhiniyam 2023: Key Provisions And Implications
The three new criminal laws, the βBhartiya Nyaya Sanhita,β the βBhartiya Nagarik Suraksha Sanhita,β and the βBhartiya Sakshya Adhiniyam,β have replaced the Indian Penal Code (IPC), the Code of...
Behind Bars & Ballots : How Laws Apply When Jailed Persons Win Elections?
https://www.livelaw.in/top-stories/behind-bars-ballots-how-laws-apply-when-jailed-persons-win-elections-260564
@CurrentLegalGK
https://www.livelaw.in/top-stories/behind-bars-ballots-how-laws-apply-when-jailed-persons-win-elections-260564
@CurrentLegalGK
Lawyers Advertising Through Online Portals, Commodification Of Profession Against Ethical Mandate
https://www.livelaw.in/articles/lawyers-advertising-online-portals-commodification-profession-ethical-mandate-263465
https://www.livelaw.in/articles/lawyers-advertising-online-portals-commodification-profession-ethical-mandate-263465
www.livelaw.in
Lawyers Advertising Through Online Portals, Commodification Of Profession Against Ethical Mandate
In ancient Greece, Socrates warned against the sophists who, much like hawkers in a bustling marketplace, peddled their teaching services purely for profit. Fast forward to the present day, and...