‘We will continue to fight politically for Article 370. The manifesto is an assurance that we will not stay silent on these issues. The Supreme Court has in the past upheld Article 370 three times. The BJP did not accept defeat despite three orders by the SC in favour of Article 370, why should we?’

Is this argument Valid and how would you counter this legally?

@CurrentLegalGK

What happened in last 10 suo motu cases before Supreme Court

From the COVID-19 migrant worker crisis to the Manipur riots, the top court has not shied away from having its say on pressing issues affecting the legal fraternity as well as the country at large.

https://www.barandbench.com/news/litigation/10-suo-motu-cases-supreme-court

'What Is The Main Purpose Of Section 27 Of The Evidence Act? '
https://www.livelaw.in/articles/confessions-admissibility-and-section-27-indian-evidence-act-267072

🔪🔎 Purpose of Section 27 IEA/ proviso to section 23 BSA

🔮 Myth busted- To lift ban on 25/26 IEA

The essential purpose of Section 27 of the Evidence Act is not to render admissible a “confession” in the “disclosure statement” made by an accused to a Police Officer.

👨‍⚖️ Case- Pulukuri Kottaya v. Emperor AIR 1947

If in a “disclosure statement” there is a “confession" such a “confession” is inadmissible

💯 Result- If the inculpatory part of the “disclosure statement” is so excluded, then what remains is a mere statement to P.O.

👉 Consequence of Statement-
Will not hit the Ban Under section 162(1) Cr.P.C because of 162(2).

🤔 What is “whether it amounts to a confession or not”

If confession is excluded then why this language ☝️

✅ Answer- Pulukuri Kottaya v. Emperor AIR 1947

1. Disclosure statement does not constitute gist of offence only a corroborative piece of evidence other need to be proved.

2. BUT if possession” or “concealment” of the incriminating object itself constitutes the gist of the offence disclosure statement” would be admissible notwithstanding the fact that statement amounts to a “confession”

📒 Laws in which when Section 27 Statement amounts to Confession

1. Opium Act, 1978,
2. Drugs and Cosmetics Act, 1940,
3. Explosives Act, 1884,
4. Explosive Substances Act, 1908,
5. Public Gambling Act, 1867,
6. Gold Control Act, 1968, 7. Narcotic Drugs Act and Psychotropic Substances Act, 1985.

🎬 Illustration—

Larance says; I have killed Soloman with a Gun and the Gun is placed in the farm house.

1. Confession- Bold Highlighted part
2. Statement of S. 27- Underline.
3. Statement Amounts to confession for S. 25 Arms Act, 1959

👩‍⚖️Conclusion- Majority of Cases statement does not Amounts to confession but only when concealement and possesion of object itself consitutues offence then amounts to confession.

#BSA@CurrentLegalGK

Only Gender Centric/ Gender Neutral Offences Excluded From Plea Bargaining: Madras High Court Lays Down Suggestions For Trial Courts
https://www.livelaw.in/high-court/madras-high-court/madras-high-court-plea-bargaining-suggestions-gender-centric-267128

💯🎁 Important and little bit tricky.

@CurrentLegalGK

👮🚔🚨 Central Bureau of Investigation
https://cbi.gov.in/about-us?search=what-we-do

Read in brief history and its jurisdiction of works.

Explore Extradition and Mutual Legal Assistance in Criminal matters Agreements (MLATs), INTERPOL, Wanted and FIR with some famous cases dealt.

CBI takes up/gets lot of cases so it is important to know about its functioning and also about how many personells are working.

#International_law #Investigating_agency
@CurrentLegalGK

⛔👩‍⚖️ Sentencing without Remission

Which Court❓
Only Constitutional courts can Order this that is High court and supreme court

💯 Cases-
Swami Shradhananda v. State of Karnataka, 2008

L.I. is less due to 14 year remission (misuse) and death was more there was a Gap (casus ommissus) so by Judicial creativity L.I. w/o remission was granted to fill the vaccum.

🧠 Reasons for innovation-
1. Proportionality of sentence qua crime committed.
2. Unruly exercise of remission power.

💯 Case UOI v. Sriharan
Article 72 or Article 161 of the Constitution will always be available
being Constitutional Remedies untouchable by the Court.

💀 #Question
Can Governor Pardon Death Penalty?

@CurrentLegalGK

🚂 Amazing Fact 🚆

😎 Mere Paas Train hai

@CurrentLegalGK

🏤 Do you agree AFTER understanding the object behind lateral entry, with the normal reservation system in this apart from what is already present.

@CurrentLegalGK

View Of Coordinate Bench Of Same HC Can't Be Ignored: Supreme Court Quashes Preventive Detention Over Non-Supply Of WhatsApp Chats
https://www.livelaw.in/supreme-court/view-of-coordinate-bench-of-same-hc-cant-be-ignored-supreme-court-quashes-preventive-detention-over-non-supply-of-whatsapp-chats-267169

👨‍⚖️👩‍⚖️ Coordinate Bench Judgment cannot be ignored if facts are similar


Supreme Court relied upon Official Liquidator v. Dayanand and Others, 2008

💀 Situation— The learned Single Judges and Benches of the High Courts refuse to follow and accept the verdict and law laid down by coordinate and even larger Benches by citing minor difference in the facts as the ground for doing so." 

📊 Staire Decisis — "It must be remembered that predictability and certainty is an important hallmark of judicial jurisprudence developed in this country in the last six decades and increase in the frequency of conflicting judgments of the superior judiciary will do incalculable harm to the system inasmuch as the courts at the grass roots will not be able to decide as to which of the judgments lay down the correct law and which one should be followed."


🧠 Solution— Justice Gavai concluded by stating that if the second division bench was of the view that the decision taken by coordinate bench was not correct in law, the only option was reference to a larger bench.


@CurrentLegalGK

😉📌 #Tips #Answer_Writing

🎯 Introduction Must hit the Bull's Eye (Demand of Question in simplest Legal Manner)

1. Instead of writing Hereinafter referred to as CPC or BNS you can also write (In short CPC) or
(For Brevity CPC)

2. Make List of Idioms and phrases ohrases which are easy and catchy and write them in essay regardless of topics.

3. Stick to Basic structure of answer:-
✓Object of Law --> PROLOGUE
✓ Latin Maxim and meaning or origin of the word like Bail.
✓ Define them is not defined anywhere in law by citing case or dictionary.
✓Sections/Orders/Article (provision)
✓ Ingredients/essentials and their brief explanation
✓ Connecting provisions (only if needed for question)
✓ Case law can either be mentioned separately or while discussing essentials (latter is good)
✓ Laways cite a case of Indian court whilst citing Very famous known English Case (unique bano sub aise nahi krenge and simple question me alag krna hai)

✓ Conclusion can be a summary or remark on importance, misuse of provision or how to exercise this power.

4. Time is the Ultimate Game but not the only one remember to balance accuracy.

5. Look for sections in every terminology and mention them in bracket it will surely enhance your marks.

6. For handwriting- Write clear by this I mean every letter must be visible clearly and always try to think you have to write straight on the line and you have to write every word with best efforts.

Handwriting- Remember Everyone can write better it is just that some take efforts some doesn't.

7. Stick to Word Limit and Connect Inter bare act provisions if needed TPA/ICA/SRA, CPC/LIMTN, BNS/BNSS/BSA,

8. Stick to the Topic and never try to mention wrong Provision or Fact though in Essay you can mention Report name with "estimated" adjective.


9. Stamina Is a Must whenever you feel it is tiring think that this is going to be worth after 1/2 hours and if not then it is going to be worst regretting part.

10. Have Confidence in factual Questions they are really scoring just read twice and observe every word.

11. Connect each Paragraph by connective sentences to make the flow

12. Mention the amendment from which that particular portion of section is inserted, if any.

13. Use of Punctuation qround 5 to 6 common on right place is must, it reflects formal writing.

14. Spacing is important, key words can be highlighted by underlining space between other words and inverted commas.

15. Answer must be legally advisable i.e. the problem should not be left remedyless mention the remedies if not here then they can claim there or by this means.

16. Not compulsory but try to use some of these archiac legal english terms https://t.me/CurrentLegalGK/2426

@CurrentLegalGK

When Can Doctrine Of Prospective Overruling Be Applied? Supreme Court Explains
https://www.livelaw.in/top-stories/when-can-doctrine-of-prospective-overruling-be-applied-supreme-court-explains-267211

⏰➡️ Doctrine of Prospective overruling


📰 Origin-
🇺🇸 U.S.A. Supreme court in
Chevron Oil Company v. Huson, 1971
🇮🇳 Indian Supreme court-
Golaknath v. State of Punjab, 1967
(how 1971 judgment inspired 1967 judgment that I have not researched ask CJI)

✅ Meaning and Objective

“The doctrine of prospective overruling is applied when a constitutional court overrules a well-established precedent by declaring a new rule but limits its application to future situations. The underlying objective is to avert injustice or hardships.”

🏋️‍♀️ Golaknath Practical approach—
CJI K Subba Rao noted that allowing a retrospective application of the decision would create chaos and upset the country's stability considering that many State agrarian laws were enforced by relying on the overruled precedents.


📝 Essential Rules— (V.IMP)
1. It can only be used for matters related to the Constitution.
💯 2. Only the Supreme Court can apply this doctrine.
3. The court can decide how far back in time the new ruling should apply.



📌 7 Object based on Precedent Analysis

1. Power derived from Article 142.
2. It is applied by this Court while overruling its earlier decision, which was otherwise final. It has also been applied when deciding on an issue for the first time.

3. The object is to validate all the actions taken before the date of declaration in the larger public interest. The doctrine does not validate an invalid law, but the declaration of invalidation takes effect from a future date.

4. Cases that have attained finality are saved because doing otherwise would cause unnecessary and avoidable hardships.

5. It is applied to bring about a smooth transition of the operation of law without unduly affecting the rights of the people who acted upon the overruled law.

6. It is a device innovated to avoid:
(i) reopening settled issues,
(ii) refund of amounts collected under invalid legislation, and
(iii) multiplicity of proceedings.

7. It is applied to avoid social and economic disruptions and give sufficient time to the affected entities and institutions to make appropriate changes and adjustments.

Mineral Area Development Authority v. M/S Steel Authority Of India & ors, 2024

@CurrentLegalGK

💯Law study Material by Major Universities and Government online material.

1. Administrative Law.pdf
2. Alternate Dispute Resolution.pdf
3. Banking Law.pdf
4. Business Management and Ethics.pdf
5. Civil Procedure Code.pdf
6. Company Law.pdf
7. Competition Law.pdf
8. Computer Fundamentals and Office Automation.pdf
9. Computer Network And Network Security.pdf
10. Constitutional Law - I.pdf
11. Constitutional Law - II.pdf
12. Contracts-I.pdf
13. Contracts - II.pdf
14. Cost And Management Study Material.pdf
15. Cyber Law And Forensics.pdf
16. English - I.pdf
17. English - II.pdf
18. Environmental Law.pdf
19. Family Law - I.pdf
20. Family Law - II.pdf
21. Financial Markets And Indian Economic Issue...
22. Financial Markets And Marketing Management.pdf
23. Fundamental of Marketing Management.pdf
24. History - I.pdf
25. Human Resource Management And Organisationa...
26. Human Rights Law.pdf
27. Information Security And Digital Forensics.pdf
28. International Trade Law.pdf
29. Interpretation of Statutes.pdf
30. Jurisprudence.pdf
31. Labour Law - I.pdf
32. Labour Law -II.pdf
33. Law of Crimes - I (Indian Penal Code).pdf
34. Law of Crimes II (Code of Criminal Procedur...
35. Law of Evidence.pdf
36. Law of Insurance.pdf
37. Law of Torts.pdf
38. Legal & Constitutional History.pdf
39. Legal Methods.pdf
40. Maritime Law.pdf
41. Object Oriented Programming Language - Java...
42. Political Science - II.pdf
43. Political Science - III.pdf
44. Political Science.pdf
45. Practical Auditing.pdf
46. Principle of Economics.pdf
47. Principles of Accounting.pdf
48. Private International Law.pdf
49. Professional Ethics.pdf
50. Programming in C And Algorithms.pdf
51. Property Law.pdf
52. Public Finance And IT Law.pdf
53. Public International Law.pdf
54. Regulatory Laws.pdf
55. Sociology.pdf
56. Sociology-I.pdf
57. Strategic Management.pdf

💯Delhi University law material
https://lawfaculty.du.ac.in/Students/LL.B.-Course-Materials

🌴Tamil Nadu University
tndalu.ac.in/econtent.html
https://tndalu.ac.in/econtent.html

🏣 E-Pg pathshala law notes
https://epgp.inflibnet.ac.in/Home/ViewSubject?catid=ZzUApmBk4i7kYctp+aiP1w==

🍛Lucknow University
https://www.lkouniv.ac.in/en/article/e-content-faculty-of-law

🗻Kashmir University
https://law.uok.edu.in/Main/ViewPage.aspx?Page=a1e6d686-70dd-444d-8258-dca02e6b0bdf

🤩KLE Law College
https://www.klelawcollege.org/study-materials/

🎯Renaissance Notes
Just search the subject Name

🎓Patna law college
https://www.patnalawcollege.ac.in/page_no.php?value=64

👨‍⚖️ Notes by judges
https://t.me/CurrentLegalGK/917

⚠️SEARCH JUDICIAL ACADEMY NOTES (visit each state study material)

📲 Search 🔎 E courts after topic

💰🤑 Rahul's Ambition bare act , A K. Jain or singhal's dukki or Krishna murari sir criminal law

🌅 IGNOU Notes
🔎 https://t.me/CurrentLegalGK/2378

Detailed notes- https://indianlawlive.net/2023/09/27/appreciation-of-evidence-by-court/

Refer them for static coverage

@CurrentLegalGK

Community service punishment ka default hone pr koi provision h kya BNS or BNSS me?

💯 Default of Community service

[Section 8 of B.N.S.]

🎋 Read the Gist-
https://t.me/CurrentLegalGK/3409

@CurrentLegalGK

Kolkata Junior Doctor rape-murder: Why is CBI psychologically assessing the accused 🔗
#kolkata