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Time To Think Of National-Level Judicial Recruitment Instead Of State-Based Selections : CJI DY Chandrachud https://www.livelaw.in/top-stories/time-to-think-of-national-level-judicial-recruitment-instead-of-state-based-selections-cji-dy-chandrachud-268271
π€« Something big is coming within a couple of years....
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ππͺ Centenary of Dr. B.R. Ambedkarβs enrolment as an advocate | Supreme Court of India | India
https://www.sci.gov.in/centenary-of-dr-b-r-ambedkars-enrolment-as-an-advocate/#
B.R. AMBEDKAR BRIEF
@CurrentLegalGK
https://www.sci.gov.in/centenary-of-dr-b-r-ambedkars-enrolment-as-an-advocate/#
B.R. AMBEDKAR BRIEF
@CurrentLegalGK
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ππͺ Centenary of Dr. B.R. Ambedkarβs enrolment as an advocate | Supreme Court of India | India https://www.sci.gov.in/centenary-of-dr-b-r-ambedkars-enrolment-as-an-advocate/# B.R. AMBEDKAR BRIEF @CurrentLegalGK
2024071334.pdf
6.9 MB
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Waqf Act,1995: A Tool given to Waqf Boards to snatch the property of Anyone ?
https://timesofindia.indiatimes.com/blogs/myview/waqf-act1995-a-tool-given-to-waqf-boards-to-snatch-the-property-of-hindus/
https://timesofindia.indiatimes.com/blogs/myview/waqf-act1995-a-tool-given-to-waqf-boards-to-snatch-the-property-of-hindus/
Times of India Voices
Waqf Act,1995: A Tool given to Waqf Boards to snatch the property of Hindus ?
Waqf Act was first passed by Parliament in 1954. Subsequently it was repealed and a new Waqf Act was passed in 1995 which gave more powers to Waqf Boards. In 2013, this Act was further...
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Waqf Act,1995: A Tool given to Waqf Boards to snatch the property of Anyone ? https://timesofindia.indiatimes.com/blogs/myview/waqf-act1995-a-tool-given-to-waqf-boards-to-snatch-the-property-of-hindus/
ππ
The Above Article is Based on Common Topic on Powers of Waqf. (Thought provoking)
This Article is on Recent Changes bought by Parliament
https://forumias.com/blog/the-waqf-amendment-bill-2024-key-changes-reasons-and-concerns-explained-pointwise/
Parliament is very late in bringing such an amendment, India being a country focusing more on social justice, secularism then how can there be such a law without any check and increasing its Powers by further amendments from so many years that too after the passing of places of worship act.
@CurrentLegalGK
This Act is in NewsβThe Above Article is Based on Common Topic on Powers of Waqf. (Thought provoking)
This Article is on Recent Changes bought by Parliament
https://forumias.com/blog/the-waqf-amendment-bill-2024-key-changes-reasons-and-concerns-explained-pointwise/
Parliament is very late in bringing such an amendment, India being a country focusing more on social justice, secularism then how can there be such a law without any check and increasing its Powers by further amendments from so many years that too after the passing of places of worship act.
@CurrentLegalGK
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π
β Vijay D. Nagar v. State of Rajasthan 2008 SC
Section 162 Crpc ie. 181 BNSS
Implicationβ
No Bar of 162 on a statement made to police officer in inquiry or trial otherthan the one under which investigation of the same offence (same as inquiry and trial) is being held and it will be admissible provided the statement comes within any of the provisions of Evidence act.
#Discernible_Topics@CurrentLegalGK
Case law (for interpretation)- β Vijay D. Nagar v. State of Rajasthan 2008 SC
Section 162 Crpc ie. 181 BNSS
Implicationβ
No Bar of 162 on a statement made to police officer in inquiry or trial otherthan the one under which investigation of the same offence (same as inquiry and trial) is being held and it will be admissible provided the statement comes within any of the provisions of Evidence act.
#Discernible_Topics@CurrentLegalGK
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https://www.thehindu.com/news/national/light-has-gone-out-of-the-constitutional-lamp-ag-noorani-was-a-justice-soldier-not-a-litigation-lawyer/article68593691.ece
π
π¨ββοΈ 1. Mistake by B.R. Ambedkar
Discussing the drafting of consultation (collegium one) provision in the constitution, Noorani criticised even B.R. Ambedkar for blithely telling the constituent assembly on May 24, 1949, that βjudiciary decides cases in which the government has, if at all, the remotest interest; in fact, no interest at all. The judiciary is engaged in deciding the issues between citizens and very rarely between citizens and the government.β Subsequent decades proved Ambedkar wrong, and it is a common knowledge today that in 80% cases, government is one of the party.
π 2. Whip Cannot be issued by Parliament when acting as Jury
Noorani was also a critic of impeachment process. He had criticised adoption of this process that had fallen into disuse even in England with last impeachment taking place in 1806. He criticised P. V. Narasimha Raoβs decision to issue a whip to abstain from voting on the impeachment motion of Justice V. Ramaswami as unconstitutional, since no whip can be issued when Parliament is sitting as jury during impeachment motion to pronounce verdict of guilty or not guilty.
π§ 3. Can a judge be guilty of Contempt of court in his professional capacity?
β 4. Nooraniβs well-researched book Political Trials (1775-1947)
β 5. Criminal Defamation to Press
Noorani was an ardent advocate of freedom of press and was opposed to invocation of criminal defamation against the journalists. He even criticised Nehru government for proposing Ministers and Bureaucrats a summary remedy for criminal libel in respect of their public conduct. Even the British had not enacted such a regressive law. Noorani did appreciate Justice Jeevan Reddyβs observations in Nakkheeran (1994) that a journalist need not prove what he has written is true but that he acted after reasonable verification of facts.
β 6. Article 370
Kashmiris need not cry on Article 370βs abrogation as in its operational mode, Article 370 was indeed more of Centreβs power rather than Stateβs autonomy. (40+ Constitutional orders over the period of all the governments)
#Legal_Stalwarts
#Legal_luminaries@CurrentLegalGK
MUST READ ARTICLE π¨ββοΈ 1. Mistake by B.R. Ambedkar
Discussing the drafting of consultation (collegium one) provision in the constitution, Noorani criticised even B.R. Ambedkar for blithely telling the constituent assembly on May 24, 1949, that βjudiciary decides cases in which the government has, if at all, the remotest interest; in fact, no interest at all. The judiciary is engaged in deciding the issues between citizens and very rarely between citizens and the government.β Subsequent decades proved Ambedkar wrong, and it is a common knowledge today that in 80% cases, government is one of the party.
π 2. Whip Cannot be issued by Parliament when acting as Jury
Noorani was also a critic of impeachment process. He had criticised adoption of this process that had fallen into disuse even in England with last impeachment taking place in 1806. He criticised P. V. Narasimha Raoβs decision to issue a whip to abstain from voting on the impeachment motion of Justice V. Ramaswami as unconstitutional, since no whip can be issued when Parliament is sitting as jury during impeachment motion to pronounce verdict of guilty or not guilty.
π§ 3. Can a judge be guilty of Contempt of court in his professional capacity?
β 4. Nooraniβs well-researched book Political Trials (1775-1947)
β 5. Criminal Defamation to Press
Noorani was an ardent advocate of freedom of press and was opposed to invocation of criminal defamation against the journalists. He even criticised Nehru government for proposing Ministers and Bureaucrats a summary remedy for criminal libel in respect of their public conduct. Even the British had not enacted such a regressive law. Noorani did appreciate Justice Jeevan Reddyβs observations in Nakkheeran (1994) that a journalist need not prove what he has written is true but that he acted after reasonable verification of facts.
β 6. Article 370
Kashmiris need not cry on Article 370βs abrogation as in its operational mode, Article 370 was indeed more of Centreβs power rather than Stateβs autonomy. (40+ Constitutional orders over the period of all the governments)
#Legal_Stalwarts
#Legal_luminaries@CurrentLegalGK
π3π2π2π€£1
Don't 'beg to appear' before court; shed colonial mindset: Calcutta High Court to lawyers
"You have a constitutional and statutory right to represent, you can say that I am appearing for the appellant," the Court remarked.
lawyer arguing
https://www.barandbench.com/news/dont-beg-to-appear-before-court-shed-colonial-mindset-calcutta-high-court-to-lawyers
"You have a constitutional and statutory right to represent, you can say that I am appearing for the appellant," the Court remarked.
lawyer arguing
https://www.barandbench.com/news/dont-beg-to-appear-before-court-shed-colonial-mindset-calcutta-high-court-to-lawyers
Bar and Bench - Indian Legal news
Don't 'beg to appear' before court; shed colonial mindset: Calcutta High Court to lawyers
The Calcutta High Court on Monday said that lawyers should shed certain courtroom mannerisms which are relics of the colonial past, including use of language li
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Don't 'beg to appear' before court; shed colonial mindset: Calcutta High Court to lawyers "You have a constitutional and statutory right to represent, you can say that I am appearing for the appellant," the Court remarked. lawyer arguing https://www.barβ¦
πΌ
π¨ββοΈ Court- Why do you people use the word βbeggingβ? This colonial expression has gone now and we are independent. You have a constitutional and statutory right to represent. You can say that I am appearing for the appellant. You have a right. Nobody can deny you. Why do you use the word beg?
@CurrentLegalGK
Advocate- I beg to appear for XYZπ¨ββοΈ Court- Why do you people use the word βbeggingβ? This colonial expression has gone now and we are independent. You have a constitutional and statutory right to represent. You can say that I am appearing for the appellant. You have a right. Nobody can deny you. Why do you use the word beg?
Mention the Articles and Sections related to representation π
@CurrentLegalGK
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Mere Expression 'Benefit Of Doubt' In Judgment Doesn't Mean Acquittal Was Not Honourable; Entire Reasoning Has To Be Appreciated: Bombay High Court
https://www.livelaw.in/high-court/bombay-high-court/bombay-high-court-honourable-acquittal-benefit-of-doubt-231059
https://www.livelaw.in/high-court/bombay-high-court/bombay-high-court-honourable-acquittal-benefit-of-doubt-231059
www.livelaw.in
Mere Expression 'Benefit Of Doubt' In Judgment Doesn't Mean Acquittal Was Not Honourable; Entire Reasoning Has To Be Appreciated:β¦
The Bombay High Court recently held that just because the expression βbenefit of doubtβ has been used in a judgment acquitting a person, does not mean that the acquittal was not honourable and the...
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Nice work Abhiπ exactly ..Honourable acquital or complete exoneration.
Words Benefit of doubt doesn't cause impediment to acquital made.
@CurrentLegalGK
Words Benefit of doubt doesn't cause impediment to acquital made.
@CurrentLegalGK
π4π2
2024082329.pdf
6.4 MB
π
More- https://t.me/CurrentLegalGK/3613
β Gaurav Kumar v UOI, 2024
Excessive Enrollment Fee cannot charged by State Bar Councils
@CurrentLegalGK
Supreme court Chronicle | August More- https://t.me/CurrentLegalGK/3613
β Gaurav Kumar v UOI, 2024
Excessive Enrollment Fee cannot charged by State Bar Councils
@CurrentLegalGK
π7π―1
West Bengal Govt Passes 'Anti-Rape Bill' In State Assembly, Proposes Time-Bound Trial & Death Penalty For Those Guilty Of Rape
https://www.livelaw.in/top-stories/west-bengal-govt-tables-anti-rape-bill-in-state-assembly-proposes-time-bound-trial-death-penalty-for-those-guilty-of-rape-268474
https://www.livelaw.in/top-stories/west-bengal-govt-tables-anti-rape-bill-in-state-assembly-proposes-time-bound-trial-death-penalty-for-those-guilty-of-rape-268474
www.livelaw.in
West Bengal Govt Passes 'Anti-Rape Bill' In State Assembly, Proposes Time-Bound Trial & Death Penalty For Those Guilty Of Rape
The West Bengal government has passed an anti-rape amendment bill titled 'Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024', seeking to amend the punishment for sexual...
π1
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West Bengal Govt Passes 'Anti-Rape Bill' In State Assembly, Proposes Time-Bound Trial & Death Penalty For Those Guilty Of Rape https://www.livelaw.in/top-stories/west-bengal-govt-tables-anti-rape-bill-in-state-assembly-proposes-time-bound-trial-death-penaltyβ¦
Even Ancient times Criminal justice system will work if there is no politics like this.
@CurrentLegalGK
@CurrentLegalGK
π―7π2π1
βBulldozer justiceβ: What do local laws in states say about demolitions? π
#explained_law #express_explained
#explained_law #express_explained
The Indian Express
βBulldozer justiceβ: What do local laws in states say about demolitions?
SC has said it will lay down βpan-India guidelinesβ on demolitions. State laws do allow demolitions under specific conditions, and after following due process. A look at some examples.
π2
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
βBulldozer justiceβ: What do local laws in states say about demolitions? π #explained_law #express_explained
Serving Notice and giving reasonable opportunity is the Common point in all state local laws.
Schedule 7 List 2 Land Entry 18 (mentioning Entries in answers somehow enhances answers for eg. public order in F.R. reasonable restriction)
Nowadays Laws are made why?
Double laws are made? again why?
To enforce already prevailing law πΆ
However the exception of supreme court bcz it has its own limits it tries to remind the government but why Government is making law on already made law point just by increasing punishment enforcement will not Increase? Just to tell people that Yes we are working? if that is so then Students are working lot more than you. π
@CurrentLegalGK
π4π3π―2π1
'India Should Suspend Military Exports To Israel' : Plea In Supreme Court By Ex-Bureaucrats, Academics
https://www.livelaw.in/top-stories/india-should-suspend-military-exports-to-israel-plea-in-supreme-court-by-ex-bureaucrats-academics-268623
https://www.livelaw.in/top-stories/india-should-suspend-military-exports-to-israel-plea-in-supreme-court-by-ex-bureaucrats-academics-268623
www.livelaw.in
'India Should Suspend Military Exports To Israel' : Plea In Supreme Court By Ex-Bureaucrats, Academics
Today, former bureaucrats, activists and senior academics moved the Supreme Court seeking to "cancel any existing licences/permissions and halt the grant of new licences/permissions, to various...
π₯5π1
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
'India Should Suspend Military Exports To Israel' : Plea In Supreme Court By Ex-Bureaucrats, Academics https://www.livelaw.in/top-stories/india-should-suspend-military-exports-to-israel-plea-in-supreme-court-by-ex-bureaucrats-academics-268623
π
International convention not inconsistent with the fundamental rights and in harmony with its spirit must be adhered to, to enlarge the meaning and content thereof, to promote the object of the constitutional guarantee. This is implicit from Article 51(c) and the enabling power of Parliament to enact laws for implementing the international conventions and norms by virtue of Article 253 read with List 1 - Entry 14
The actions of the State in granting licenses to companies for military exports to Israel, in violation of India's binding obligations under International law, is arbitrary, unreasonable and unfair, being violative of Article 14 and must be struck down."
NOTE: This is Just a Petition and not a ruling
@CurrentLegalGK
How Violation of Fundamental Rights of a foreign Nation people can be remedied?
International convention not inconsistent with the fundamental rights and in harmony with its spirit must be adhered to, to enlarge the meaning and content thereof, to promote the object of the constitutional guarantee. This is implicit from Article 51(c) and the enabling power of Parliament to enact laws for implementing the international conventions and norms by virtue of Article 253 read with List 1 - Entry 14
The actions of the State in granting licenses to companies for military exports to Israel, in violation of India's binding obligations under International law, is arbitrary, unreasonable and unfair, being violative of Article 14 and must be struck down."
NOTE: This is Just a Petition and not a ruling
What is the legality of this petition?
@CurrentLegalGK
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