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πŸ“² Contact β†’ @CurrentLegalGKBOT

πŸ‘¨β€βš– Filtered Information Brings Clarity.

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𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’
Compoundability of 498A – 85_86 BNS .pdf
🌟 Gian Singh v. State of Punjab, 2012

βœ… 482/528 v. 320/359 (CrPC/BNSS)

β€œPower 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.


βœ… 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 viewβ€”
(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.


πŸ’―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 Pradeshβ€”
07/07/2022 Gazetted order (2019 amendment act) on Compoundablity of 498A after 6 months.

@CurrentLegalGK
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πŸ‘°πŸ Child Marriage and Religion Game.

πŸ“ Caseβ€” Moidutty Musliyar v Sub Inspector Vadakkencherry Police Station, 2024

βœ… Ratio decidendiβ€”

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 mentionsβ€”> Marriage, Dower, Divorce And Adoption; Religious Rites and Person Attained Majority Before 1875 Act.

β€œHowever Court said 2006 Act will override 1875 Act so far as child marriage is considered”

βœ… Precedents Relied Uponβ€”
1. Independent Thought v. Union of India, 2017 (Two concurring Judgments delivered in this case)

πŸ‘¨β€βš–οΈ Justice Madan B. Lokur:
PCMA is a secular law prevails over Hindu and Muslim law.
πŸ‘¨β€βš–οΈ 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.


βœ… DISAGREEMENT with High courtsβ€” (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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𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’
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
🌟 Instead of reading this just go through the index of this PDF

https://t.me/CurrentLegalGK/2820

We will tell you what is best for you.
πŸ’―1
Police Act, 1861.pdf
351.7 KB
🌟 Police Act 1861

⚑ Use- To clear doubts in investigation and also to mention basic magistrate powers and duty based sections in answers also Criminal lawyers must read it.
ο»Ώ
☝️Reading Index is the 1st Rule

Eg. S. 44 General Diary.
Magistrate of the district shall be at liberty to call for and inspect such diary


@CurrentLegalGK
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𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’
Wrestler Vinesh Phogat Approaches Court Of Arbitration For Sport Challenging Disqualification From Paris Olympics https://www.livelaw.in/top-stories/wrestler-vinesh-phogat-approaches-court-of-arbitration-for-sport-challenging-disqualification-from-gold-medal…
πŸ€Όβ€β™€οΈπŸ€Ό What is the Court of Arbitration For Sport (CAS)

The Court of Arbitration for Sport (CAS) is an independent institution for settlement of sports-related disputes through arbitration or mediation. The CAS was created in 1984 and is placed under the administrative and financial authority of the International Council of Arbitration for Sport (ICAS).

The CAS has two temporary offices in Paris for the Paris 2024 Olympic Games. One of them is the CAS Ad Hoc Division, tasked with resolving any legal disputes that arise during the games. Such temporary tribunals have been in place at every edition of the Summer and Winter Olympic Games since 1996, as well as at other major sporting events
.

Verdict will not come in favour as the rules are strict and unambiguous.


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