Landmark Judgments from Page 219

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@CurrentLegalGK

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/

🌐📜 This Act is in News—

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

🌟 Case law (for interpretation)-

✅ Vijay D. Nagar v. State of Rajasthan 2008 SC

Section 162 Crpc ie. 181 BNSS

Implication—
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

🌟 MUST READ ARTICLE

👨‍⚖️ 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 ‘judiciary 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.’ Subsequent decades proved Ambedkar wrong, and it is a common knowledge today that in 80% cases, government is one of the party.


📝 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 Rao’s 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.

🧠 3. Can a judge be guilty of Contempt of court in his professional capacity?

✅ 4. Noorani’s well-researched book Political Trials (1775-1947)

✅ 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 Reddy’s 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.

✅ 6. Article 370
Kashmiris need not cry on Article 370’s abrogation as in its operational mode, Article 370 was indeed more of Centre’s power rather than State’s autonomy. (40+ Constitutional orders over the period of all the governments)

#Legal_Stalwarts
#Legal_luminaries@CurrentLegalGK

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

💼 Advocate- I beg to appear for XYZ

👨‍⚖️ Court- Why do you people use the word “begging”? 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 👇

@CurrentLegalGK

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

🌟 This was asked in RJS Mains Essay,2024 right?
somewhere close.

@CurrentLegalGK

🌟 Supreme court Chronicle | August

More- https://t.me/CurrentLegalGK/3613

✅ Gaurav Kumar v UOI, 2024
Excessive Enrollment Fee cannot charged by State Bar Councils

@CurrentLegalGK

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

Even Ancient times Criminal justice system will work if there is no politics like this.

@CurrentLegalGK

‘Bulldozer justice’: What do local laws in states say about demolitions? 🔗
#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 😶
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. 🙂

@CurrentLegalGK

'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

🌟 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

👨‍🏫✒️HAPPY TEACHER'S DAY🖋️👩‍🏫

🤝 "शिक्षक दिवस के इस शुभ अवसर पर, मैं आप सभी से आग्रह करता हूँ कि आप यह संकल्प लें कि अपने द्वारा अर्जित किए गए अनुभवों को उन लोगों के साथ साझा करें जो इसके पात्र और ज़रूरतमंद हैं। इससे हमारा सभ्य समाज निरंतर उच्चतम विकास दर प्राप्त करता रहेगा। यदि हमने ऐसा नहीं किया, तो हमें फिर से शुरुआत करनी पड़ सकती है। पुस्तकों, व्याख्यानों और लेखों का महत्व अपनी जगह है, परंतु दो मिनट का अनुभव साझा करना इन सबके सामने कहीं अधिक मूल्यवान हो सकता है।"

🗣️ "Even a child can teach us valuable lessons. Engage in meaningful dialogue and discussions, as they have been integral to every ancient civilization. Since we are among the few who have preserved this tradition, it is crucial that we continue to follow and cherish our ancient teachings as well."

🐜 🌱 My Favourite Teacher- "Nature" (The trees that grow on Rocky mountains and the ants that climb 100 times to reach on top once)

@CurrentLegalGK