If a law can be declared unconstitutional similarly can an unjust arbitrary Repeal of law be declared unconstitutional too?
https://www.scconline.com/blog/post/2022/02/09/law-passed-by-legislature-is-good-law-till-it-is-declared-unconstitutional-by-a-court/
#Question@CurrentLegalGK
https://www.scconline.com/blog/post/2022/02/09/law-passed-by-legislature-is-good-law-till-it-is-declared-unconstitutional-by-a-court/
#Question@CurrentLegalGK
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What is the Law Commission: its role, members, & recommendations ๐
#explained_law #express_explained #law_commission
#explained_law #express_explained #law_commission
The Indian Express
What is the Law Commission: its role, members, & recommendations
The 23rd Law Commission was notified on September 2. Here is all you need to know.
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๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
What is the Law Commission: its role, members, & recommendations ๐ #explained_law #express_explained #law_commission
๐ค๐จโโ๏ธ๐ฉโโ๏ธ๐ฎ
1. NON- statutory (formed by notification in gazette by ministry of law and not parliamentary act)
2.The 22 Law Commissions appointed since Independence have submitted a total 289 reports to the government.
3. Non binding recommendations.
4. Accecpted recommendations and laws such as CrPC & Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) were enacted.
5. Last Commission (22nd) recommended retention of sedition law reasoned maoist, khalistan and militancy in north east + J&K. and A new law on trade secrets.
6. Like the 22nd and 21st commissions, the 23rd Law Commission too, has been asked to examine โthe existing laws in the light of DPSP
7. The first three terms are:
A. โIdentify laws which are no longer needed or relevant and can be immediately repealed;
B. Creating a Standard Operating Procedure (SoP) for periodic review of existing laws inter alia for the undertaking of simplification of language and processes;
C. Identify laws which are not in harmony with the economic needs of the times and require amendments.
@CurrentLegalGK
Law commission of India โ๏ธ1. NON- statutory (formed by notification in gazette by ministry of law and not parliamentary act)
2.The 22 Law Commissions appointed since Independence have submitted a total 289 reports to the government.
3. Non binding recommendations.
4. Accecpted recommendations and laws such as CrPC & Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) were enacted.
5. Last Commission (22nd) recommended retention of sedition law reasoned maoist, khalistan and militancy in north east + J&K. and A new law on trade secrets.
6. Like the 22nd and 21st commissions, the 23rd Law Commission too, has been asked to examine โthe existing laws in the light of DPSP
7. The first three terms are:
A. โIdentify laws which are no longer needed or relevant and can be immediately repealed;
B. Creating a Standard Operating Procedure (SoP) for periodic review of existing laws inter alia for the undertaking of simplification of language and processes;
C. Identify laws which are not in harmony with the economic needs of the times and require amendments.
In short Reforms in Civil Justice System will be recommended by 23rd LC
@CurrentLegalGK
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Supreme Court To Lay Down Procedure To Avoid Delays In Execution Of Death Penalty After Mercy Petition Is Rejected
https://www.livelaw.in/top-stories/supreme-court-to-lay-down-procedure-to-avoid-delays-in-execution-of-death-penalty-after-mercy-petition-is-rejected-268859
https://www.livelaw.in/top-stories/supreme-court-to-lay-down-procedure-to-avoid-delays-in-execution-of-death-penalty-after-mercy-petition-is-rejected-268859
www.livelaw.in
Supreme Court To Lay Down Procedure To Avoid Delays In Execution Of Death Penalty After Mercy Petition Is Rejected
The Supreme Court on Thursday(September 5) said that it will lay down procedure to be followed by the state and the judiciary after the Supreme Court confirms death sentence of a convict and mercy...
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๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
Supreme Court To Lay Down Procedure To Avoid Delays In Execution Of Death Penalty After Mercy Petition Is Rejected https://www.livelaw.in/top-stories/supreme-court-to-lay-down-procedure-to-avoid-delays-in-execution-of-death-penalty-after-mercy-petition-isโฆ
โ๏ธ Important ๐SC said it will (not yet) lay down procedure to be followed by the state and the judiciary after the Supreme Court confirms death sentence of a convict and mercy petition is rejected, in order to avoid delay in execution of the sentence.
โUltimately why does delay matter? Because the accused remain under the hanging sword of execution that could fall. That is why delay is materialโ, Justice Oka remarked.
Delay in Justice is applicable here as well, from both victim and accused perspective.
@CurrentLegalGK
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๐ง Ganesh Ji and Hanuman Ji are 2 Gods who are favourite of every Child. (mine too)
@CurrentLegalGK
Happy Ganesh Chaturthi
๐ง Ganesh Ji and Hanuman Ji are 2 Gods who are favourite of every Child. (mine too)
We have seen their movies from childhood and they have taught us a lot.
@CurrentLegalGK
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๐ #Tip
Always be organised and good in management from studies, notes, daily chores to finances, it helps you balance everything and fulfill your commitments on time.
#Interview@CurrentLegalGK
Always be organised and good in management from studies, notes, daily chores to finances, it helps you balance everything and fulfill your commitments on time.
A well Managed court is equal to 5 Normal courts.
#Interview@CurrentLegalGK
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๐จโโ๏ธ๐ฉโโ๏ธ
เคตเฅเคฏเคตเคนเคพเคฐเคตเคฟเคฆเค เคชเฅเคฐเคพเคเฅเคเคพ เคตเฅเคคเฅเคคเคฟเคทเฅเคฒเคพ เคเฅเคฃเคพเคจเฅเคตเคฟเคคเคเฅค
เคฐเคฟเคชเฅ เคฎเคฟเคคเฅเคฐเฅ เคธเคฎเคพ เคฏเฅ เค เคงเคฐเฅเคฎเคเฅเคเคพเค เคธเคคเฅเคฏเคตเคพเคฆเคฟเคจเคเฅคเฅค
เคจเคฟเคฐเคพเคฒเคธเคพ เคเคฟเคคเคเฅเคง เคเคพเคฎเคฒเฅเคญเคพเค เคชเฅเคฐเคฟเคฏเคเคตเคฆเคเฅค
เคฐเคพเคเฅเคเคพ เคจเคฟเคฏเฅเคเคฟเคคเคตเฅเคฏเคพเคธเฅเคคเฅ เคธเคฎเฅเคฏเคพ เคธเคฐเฅเคตเคพเคธเฅ เคเคพเคคเคฟเคทเฅเฅคเฅค
โก English Version
Those Who are-
1. Well-versed in legal matters,
2. Wise
3. Have Good conduct, and possessing virtues,
4. Who are impartial towards friends and enemies
5. Knowledgeable in righteousness (dharm)
6. Truthful
7. Those who are diligent
8. Conquered anger
9. Free from desire and greed
10. Speak kindly.
Such individuals should be appointed by the king from all castes as Judges.
#Interview@CurrentLegalGK
Qualities of a Judge | Ancient Indian History เคตเฅเคฏเคตเคนเคพเคฐเคตเคฟเคฆเค เคชเฅเคฐเคพเคเฅเคเคพ เคตเฅเคคเฅเคคเคฟเคทเฅเคฒเคพ เคเฅเคฃเคพเคจเฅเคตเคฟเคคเคเฅค
เคฐเคฟเคชเฅ เคฎเคฟเคคเฅเคฐเฅ เคธเคฎเคพ เคฏเฅ เค เคงเคฐเฅเคฎเคเฅเคเคพเค เคธเคคเฅเคฏเคตเคพเคฆเคฟเคจเคเฅคเฅค
เคจเคฟเคฐเคพเคฒเคธเคพ เคเคฟเคคเคเฅเคง เคเคพเคฎเคฒเฅเคญเคพเค เคชเฅเคฐเคฟเคฏเคเคตเคฆเคเฅค
เคฐเคพเคเฅเคเคพ เคจเคฟเคฏเฅเคเคฟเคคเคตเฅเคฏเคพเคธเฅเคคเฅ เคธเคฎเฅเคฏเคพ เคธเคฐเฅเคตเคพเคธเฅ เคเคพเคคเคฟเคทเฅเฅคเฅค
โก English Version
Those Who are-
1. Well-versed in legal matters,
2. Wise
3. Have Good conduct, and possessing virtues,
4. Who are impartial towards friends and enemies
5. Knowledgeable in righteousness (dharm)
6. Truthful
7. Those who are diligent
8. Conquered anger
9. Free from desire and greed
10. Speak kindly.
Such individuals should be appointed by the king from all castes as Judges.
Instead of Socrates you can quote this as well
#Interview@CurrentLegalGK
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Kesavananda Bharati Judgment Paved Way For Economic & Social Justice : Justice BR Gavai
https://www.livelaw.in/top-stories/kesavananda-bharati-judgment-paved-way-for-economic-social-justice-justice-br-gavai-268809
https://www.livelaw.in/top-stories/kesavananda-bharati-judgment-paved-way-for-economic-social-justice-justice-br-gavai-268809
www.livelaw.in
Kesavananda Bharati Judgment Paved Way For Economic & Social Justice : Justice BR Gavai
Justice Bhushan Ramkrishna Gavai , judge of
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Kesavananda Bharati Judgment Paved Way For Economic & Social Justice : Justice BR Gavai https://www.livelaw.in/top-stories/kesavananda-bharati-judgment-paved-way-for-economic-social-justice-justice-br-gavai-268809
๐จโโ๏ธโก
H.R. khanna partly supported view of Justice Sikri (other 6) and partly supported the view Justice AN Ray (other 6) out of 13 judges which is now the view of Kesavanada Bharati.
B.R. Gavai in his address said B.R. Ambedkar said Constitution is unitsry and federal both and it is such that it will keep country united at times of war and peace and compared neighbouring countries eg. Pakistan, bangladesh etc.
Though in my opinion these countries are too unitary in nature the reason is good governance and democracy which made india united always.
๐ Legal_Stalwart - Justice Sinha
The story is that till midnight he used to have two-three stenographers at a time and dictate two- three judgments simultaneously. I have seen that he was a very frugal eater. He used to eat in very small quantities and I think that he hardly slept.
@CurrentLegalGK
Role of Justice H R Khanna in Kesavanand BhartiH.R. khanna partly supported view of Justice Sikri (other 6) and partly supported the view Justice AN Ray (other 6) out of 13 judges which is now the view of Kesavanada Bharati.
B.R. Gavai in his address said B.R. Ambedkar said Constitution is unitsry and federal both and it is such that it will keep country united at times of war and peace and compared neighbouring countries eg. Pakistan, bangladesh etc.
Though in my opinion these countries are too unitary in nature the reason is good governance and democracy which made india united always.
๐ Legal_Stalwart - Justice Sinha
The story is that till midnight he used to have two-three stenographers at a time and dictate two- three judgments simultaneously. I have seen that he was a very frugal eater. He used to eat in very small quantities and I think that he hardly slept.
If they can do hardwork after getting this prestigious service why can't we?
@CurrentLegalGK
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BREAKING| States' Power To Levy Tax On Mineral Rights Not Limited By MMDR Act; Royalty Not Tax: Supreme Court Holds By 8 :1
https://www.livelaw.in/top-stories/states-power-to-levy-tax-on-mineral-rights-not-limited-by-mmdr-act-royalty-not-tax-supreme-court-holds-by-8-1-264491
https://www.livelaw.in/top-stories/states-power-to-levy-tax-on-mineral-rights-not-limited-by-mmdr-act-royalty-not-tax-supreme-court-holds-by-8-1-264491
www.livelaw.in
States' Power To Levy Tax On Mineral Rights Not Limited By MMDR Act; Royalty Not Tax: Supreme Court Holds By 8 :1
The Supreme Court 9-judge constitution bench today held by an 8:1 majority that States have the p
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Supreme Court Half Yearly Digest 2024 - Criminal Minor Acts
https://www.livelaw.in/supreme-court/supreme-court-judgments-criminal-minor-acts-half-yearly-digest-2024-268936
https://www.livelaw.in/supreme-court/supreme-court-judgments-criminal-minor-acts-half-yearly-digest-2024-268936
www.livelaw.in
Supreme Court Half Yearly Digest 2024 - Criminal Minor Acts
Food Safety and Standards Act, 2006If a case is registered against an accused for food adulteration under the Indian Penal Code, 1860 (โIPCโ), then by virtue of the overriding effect of Section 89...
๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
Supreme Court Half Yearly Digest 2024 - Criminal Minor Acts https://www.livelaw.in/supreme-court/supreme-court-judgments-criminal-minor-acts-half-yearly-digest-2024-268936
Supreme Court Half Yearly Digest 2024 - Criminal Minor Acts.pdf
250.4 KB
๐ฏ 6 monthly digest criminal minors
JUVENILE JUSTICE ACT, NEGOTIABLE INSTRUMENTS ACT
@CurrentLegalGK
JUVENILE JUSTICE ACT, NEGOTIABLE INSTRUMENTS ACT
@CurrentLegalGK
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Police will not register FIRs and magistrates cannot: Welcome to the regime of new criminal laws
https://www.barandbench.com/columns/police-wont-register-firs-magistrates-cannot-regime-of-new-criminal-laws
@CurrentLegalGK
https://www.barandbench.com/columns/police-wont-register-firs-magistrates-cannot-regime-of-new-criminal-laws
@CurrentLegalGK
Bar and Bench - Indian Legal news
Police will not register FIRs and magistrates cannot: Welcome to the regime of new criminal laws
The Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), replacing the Code of Criminal Procedure, 1973 (CrPC), made certain significant changes regarding taking cog
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Why Regular Civil Courts or Family Courts Are In Better Position Than Writ Courts To Deal With Child Custody Cases? Supreme Court Explains
https://www.livelaw.in/supreme-court/why-regular-civil-courts-or-family-courts-are-in-better-position-than-writ-courts-to-deal-with-child-custody-cases-supreme-court-explains-268929
https://www.livelaw.in/supreme-court/why-regular-civil-courts-or-family-courts-are-in-better-position-than-writ-courts-to-deal-with-child-custody-cases-supreme-court-explains-268929
www.livelaw.in
Why Regular Civil Courts or Family Courts Are In Better Position Than Writ Courts To Deal With Child Custody Cases? Supreme Courtโฆ
In a significant judgment where the Supreme Court deprecated the High Court's order of disturbing the custody of the toddler (child between the age group of 1 to 3 years) in a Writ Proceeding, it...
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๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
Why Regular Civil Courts or Family Courts Are In Better Position Than Writ Courts To Deal With Child Custody Cases? Supreme Court Explains https://www.livelaw.in/supreme-court/why-regular-civil-courts-or-family-courts-are-in-better-position-than-writ-courtsโฆ
๐ฆ
๐ Reasonsโ
๐The Court can frequently interact with the child. Practically, all Family Courts have a child centre/play area.
๐A child can be brought to the play centre, where the judicial officer can interact with the child.
Access can be given to the parties to meet the child at the same place.
๐Moreover, the Court dealing with custody matters can record evidence.
๐The Court can appoint experts to make the psychological assessment of the child.
๐If an access is required to be given to one of the parties to meet the child, the Civil Court or Family Court is in a better position to monitor the same.
๐Principles for habeas corpus writs dealing with child custody
1. Prerogative/extraordinary remedy.
2. HC has discretion not to exercise it even if it finds that custody of the child by the respondents was illegal (welfare of children to not to disturb custody)
3. Paramount consideration is the welfare of the minor.
4. Court cannot ignore the doctrine of parens patriae (state acts as parent when rea parent neglects), the order cannot be exercised mechanically or child cannot be treated as property.
@CurrentLegalGK
Why instead of Writ Courts the Regular Civil Courts or Family Courts are in an advantageous position for dealing with child custody cases.๐ Reasonsโ
๐The Court can frequently interact with the child. Practically, all Family Courts have a child centre/play area.
๐A child can be brought to the play centre, where the judicial officer can interact with the child.
Access can be given to the parties to meet the child at the same place.
๐Moreover, the Court dealing with custody matters can record evidence.
๐The Court can appoint experts to make the psychological assessment of the child.
๐If an access is required to be given to one of the parties to meet the child, the Civil Court or Family Court is in a better position to monitor the same.
๐Principles for habeas corpus writs dealing with child custody
1. Prerogative/extraordinary remedy.
2. HC has discretion not to exercise it even if it finds that custody of the child by the respondents was illegal (welfare of children to not to disturb custody)
3. Paramount consideration is the welfare of the minor.
4. Court cannot ignore the doctrine of parens patriae (state acts as parent when rea parent neglects), the order cannot be exercised mechanically or child cannot be treated as property.
Case - Somprabha Rana & Ors. versus The State of Madhya Pradesh, 2024Law - Guardianship and Wards Act, 1890 & Article 226
@CurrentLegalGK
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Punjab & Haryana High Court Stays Arrest Of Accused Who Wrongly Sought Pre-Arrest Bail Under CrPC, Grants Time To File Under BNSS
https://www.livelaw.in/high-court/punjab-and-haryana-high-court/punjab-haryana-high-court-crpc-wrongly-invoked-file-under-bnss-interim-relief-269054
https://www.livelaw.in/high-court/punjab-and-haryana-high-court/punjab-haryana-high-court-crpc-wrongly-invoked-file-under-bnss-interim-relief-269054
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