🌟 MP Yearly Digest 2023

Use: Go through your concerned subject cases.

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From PDF Page 20 onwards

Use: Must read History for India's Capital

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Page 56 onwards

Use: Practice IPR Cases

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Applicability Of CrPC After July 1, 2024: A Conflict In The Twilight Zone
https://www.livelaw.in/top-stories/bnss-crpc-fir-ipc-trial-after-july-1-bnss-retrospective-accused-rights-263958

Applicability of BNSS - CrPC far more tricky and can only be understood when 531 is understood properly.

1. -For FIRs lodged and trials commenced prior to July 1 2024, CrPC will hold field (Section 531(2)(a) BNSS);

2. -For FIRs lodged prior to July 1 2024, CrPC will apply so far as investigation is concerned. But if trial commences after July 1, BNSS will apply (since CrPC will continue to apply only to "pending" trials, etc.);

3. -For offence occurred prior to enforcement of new laws but FIR lodged after July 1 2024, FIR will be under IPC but probe and trial will be under BNSS (since substantive law at the time of commission of offence will hold field but accused has no vested right to old procedure);

4. -For trials pending as on July 1 2024, appellate proceedings, if any, will be governed by BNSS (since appeal, though continuation of trial, was not "pending").

These are only a limited set of issues. In the foreseeable future, applicability of procedure for revision, quashing petitions in relation to trials or appeals pending/ concluded under CrPC are likely to emerge.

Section 528—: Inherent powers may be used to get community service in the future as punishment.

⚡🙂 Learn it— 531 (2) (a)
if, immediately before the date on which this Sanhita comes into force, there Is any APPEAL, APPLICATION, TRIAL, INQUIRY or INVESTIGATION pending, then, (such appeal, application, trial, inquiry or investigation) shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1973.

🌟🤔 Mention the provisions related to inquiry under CrPC

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Kerala High Court Revises Selection Rules For Civil Judge (Junior Division), Minimum Three Years Of Practise Needed To Apply
https://www.livelaw.in/news-updates/kerala-high-court-resolves-amend-selection-rules-civil-judge-junior-division-revises-eligibility-criteria-263963

👨‍⚖️ 1990-2005 cycle is getting repeated.

Experience is required because of the practical nuances.

1. Examination process tests only theory.
2. Many Law colleges are dumb they don't allow practical internships.

Experience agar hoga to subke liye hona chahiye 70% and 3 years to intelligible differentia create nahi karta 🤔 (Kahan 3 years w/o income practice kaha private ke 80%)

Corruption will increase now for experience and even after they get into service also (corrupt minds will enter) Talent/deserving will lose opportunity.

Observations suo Motu kabhi bhi judges ki recruitment process me gadbadi par nahi aati, jo unke bekar exam process ke karan judges baithein hain, (examination process + corruption) unke kharab knowledge ke karan ab rules change kr rhe.

The Question is how you are going to count the experience???

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💡 Essay writing competition would be a great idea.

✍️You will have only 2 hour to write and share in PDF form with your name on top.

📅 Date: The topic will be shared on 11th August and entries will get closed after 2 hour.

😏 Time limit Reason: To avoid UFM and only deserving candidates get the prize.

😉 Use: Prize + Compete with hundreds of candidates.

🏆 Prize: MCQ Booklet 📖📓😉
Only to Top 3 candidates.

Our Last Competition was Amazing, got so many entries for quiz making this time I hope we get triple entries bcz this is directly related to your mains practice Mock test.

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🌐🌟 Logo Making Competition is still on keep sending.

Also remember we need a decent long term use logo so avoid use of AI as it is prone to errors.

All the Best 💯
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🌟 #Question

In which case the Supreme Court acknowledged that the Indian Constitution had conceived a quasi federal policy?

(a) St. of Punjab V. Devans Modern Breweries Ltd.

(b) Kailash Chand V. Dharam Dass

(c) Ashok Tanwar V. St. of M.P.

(d) J. P. Bansal V. St. of Rajasthan

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🌟 Artificial intelligence Essay

Legal perspective is a must in every essay whether it is social or state specific (they check your mindset and at the end being legal is good)

Your Quote should always be by a thinker, scholar or jurist. I would say Indian Judges ka hai to best hai, har jagah recent Quotes MODI, Elon Musk ye sub ke avoid krna jab tak bohot suitable na ho.


https://t.me/CurrentLegalGK/2288

🎁🤝 Doctrine of Legitimate Expectation / Promissory estoppel

“It is an evident position of law that a prior executive decision does not bar the state legislature from enacting a law or framing a policy contrary to or in conflict with the previous executive decision in furtherance of the larger public interest. Nor can it be argued that the law laid down by the legislature would be affected by the principles of promissory estoppel or legitimate expectation because the executive had previously expressed a different view.

The doctrine does not elevate legitimate expectation to the level of a right enforceable by law.

Doctrine of legitimate expectation does not constrain the government from altering its policies, provided the changes are made in public interest and not through an abuse of power.

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Elderly population in India expected to double by 2050: UNFPA India chief - https://www.thehindu.com/news/national/elderly-population-in-india-expected-to-double-by-2050-unfpa-india-chief/article68428477.ece,

Is Entertainment Tax Applicable To Online Cinema Ticket Booking Charges? Supreme Court To Decide
https://www.livelaw.in/top-stories/is-entertainment-tax-applicable-to-online-cinema-ticket-booking-charges-supreme-court-to-decide-264302

📌📜 Notice

No updates till 12th August that is till competition day till then see pinned messages

Sorry for the gap... Many of You are neither interested nor you should (in the reason) that's why not mentioning.

We will come back with new amazing Trends and Gifts 🎁

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🌟 Compoundability of 498A IPC – 85/86 BNS

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🌟 Gian Singh v. State of Punjab, 2012

✅ 482/528 v. 320/359 (CrPC/BNSS)

“Power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences Under Section 320 of the Code.


✅ High Court may quash criminal proceedings pertaining to offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute.


🌟 In this category of cases, High Court may quash criminal proceedings if in its view—
(All essentials) (crime may be non compoundable)

1. Compromise between the offender and victim,

2. Possibility of conviction is remote and bleak,

3. Continuation of the criminal case would put the accused to great oppression and prejudice.

4. Extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim.


💯Recent Updates-
1. Compounding Of Section 498A Not In Interest Of Women': Government Tells Bombay HC

2. Achin Gupta Case
https://t.me/CurrentLegalGK/2790

⚡ Madhya Pradesh—
07/07/2022 Gazetted order (2019 amendment act) on Compoundablity of 498A after 6 months.

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👰🏏 Child Marriage and Religion Game.

📝 Case— Moidutty Musliyar v Sub Inspector Vadakkencherry Police Station, 2024

✅ Ratio decidendi—

1. Citizen- Section 1(2) of Act says applicable to all citizens without and beyond india as well (Citizens 1st then comes religion)

2. Savings Clause- 1875 Majority Act says above 18 persons in major but section 2 mentions—> Marriage, Dower, Divorce And Adoption; Religious Rites and Person Attained Majority Before 1875 Act.

“However Court said 2006 Act will override 1875 Act so far as child marriage is considered”

✅ Precedents Relied Upon—
1. Independent Thought v. Union of India, 2017 (Two concurring Judgments delivered in this case)

👨‍⚖️ Justice Madan B. Lokur:
PCMA is a secular law prevails over Hindu and Muslim law.
👨‍⚖️ Justice Deepak Gupta:
The Special Act deals with children prevail over Hindu and Muslim law. (Generalia Specilibus Non Derogant)

2. Yunusbhai Usmanbhai Shaikh v. State of Gujarat, 2016
Muslim personal law would not prevail over 2006 child marriage act

3. Khaledur Rahman v. State of
Kerala, 2022

It is trite law that when the provisions of a statute are repugnant to, or contrary to the customary law or personal law, in the absence of any specific exclusion of the said customary or personal law from the statutory provisions, the statute will prevail, and the personal law or the customary law shall stand abrogated to the extent of the inconsistency

4. Mohamed Abbas M. v. Chief Secretary, Government of Tamil Nadu, 2015
Provisions of Prohibition
of Child Marriage Act, 2006 are in no way against the religious rights of Muslim or any religion guaranteed under Articles 25 and 29 of the Constitution.


✅ DISAGREEMENT with High courts— (Muslim girl can marry upon reaching puberty)

1. Patna High Court-
Md. Idris v. State of Bihar and Others, 1980
2. Punjab and Haryana High Court-
Jammu v. State of Haryana, 2010
3. Delhi High Court-
Tahra Begum v. State Of Delhi, 2012

Held: Prohibition
of Child Marriage Act, 2006 Overrides all religion including muslim personal law.

⚡Matter sub judice before Supreme court as well-
https://t.me/LegalQuizzes/304157

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The Doctrine Of Per Incuriam In Indian Jurisprudence: Implications And Judicial Responses
https://www.livelaw.in/articles/doctrine-per-incuriam-indian-jurisprudence-implications-judicial-responses-265796