💯 #Tip

Essential ingredients of provisions and Landmark judgments ratio of any subject is nothing but the heart of every law exam.

@CurrentLegalGK

#Question

What is an Express Notice under TPA whether the term is used in any of the provisions?

@CurrentLegalGK

🧠🤯📝 MENTALLY ILL PERSON CAN/CANNOT ENTER INTO SALE DEED

Requirement for transfer of property is majority + soundness of mind then how people suffering from coma, autism, cerebral palsy can transfer their Property???

✅Sale under Mental Health Act,1987

✓Object: Provide Better treatment &
Provisions for property.
✓Mental ill person: Person who is in need of treatment due to any mental disorder other than "mental retardation" (which is covered under a separate statute).

✓Appointment of Guardian and Manager.
~ Possession of property is must.
~ District Court appointing
1) A Guardian under Section 53 to take care of his person; and
2) A Manager under Section 54 for the management of his property.
(Both can be the same person)

~ Manager could mortgage, create any charge on, or, transfer by sale, gift, exchange or otherwise, any immovable property of the mentally ill person OR lease out any such property for a period exceeding five years, only after obtaining permission of the District Court in that behalf.

~ Signature in deed by manager.
~ Entering into Contract.
~ Could be sued for mismanagement of sums received from property.

✓But ==> new act repealed 1987 Act

~ 2017 Act, has no provision or an alternate mechanism for adjudication of matters pertaining to property of Mentally ill person.

✅The Rights of Persons with Disabilities Act, (“RPwD Act, 2016)

✓Person with Disability:- Person with long-term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others.

✓Limited Guardianship” means a system of joint decision which operates on mutual understanding and trust between the guardian and the person with disability, which shall be limited to a specific period and for specific decision and situation and shall operate in accordance to the will of the person with disability. (Appointed by Designated authority or District court)

• No provision of sale, gift, lease etc
• No absolute power by guardian (limited)

✅Guardian Under National Trust Act,1999

No concept of manager, only guardian appointed by local committee, which frame some duties like management of property or furnish accounts of immovabale property

✓Sale or dealing with property of person with disability, falls outside the purview of the said Act.

✅Recent Trends and case laws

Till date there is no law relating to appointment of guardian of a person who is in coma or a vegetative state.

✓Doctrine of Parens Patriae

"State to provide a parent who can take decision on behalf of such needy person, in case of no law court act as state under article 12"

👨‍⚖️Rita Arvind Kakodkar v Maharashtra, 2022, appointed a sister of a widowed brother as his guardian at law and of his property and assets, following guidelines:-

1. Sale with court permission
2. Money to be deposited in brothers bank account.

So there is no proper law which sets out procedure for sale of property of mentally ill person, and relatives of person has to suffer.

✅Suggestions

We need a uniform mechanism under one statue, setting out unequivocal process of sale of immovable properties of all persons incapable of taking legal decisions, through manager/guardian, be it mentally ill persons, people in comatose state or otherwise.

Also read- G. Babu v. The District Collector and Ors. 2023

#Discernible_Topics
@CurrentLegalGK

🌟 #Tip for Handwriting

🅰️🅱️ Letter by Letter Approach

💯 Believe me this will give you 10 times improvement everytime you do this.

⚡ Step 1. Write slowly and give best efforts in 200 Words from anywhere.

⚡ Step 2. Now see which letter looks bad to you (self analyse)

⚡ Step 3. See same letter in your peers handwriting (cursive and separate letter treated differently)

⚡ Step 4. Use that letter style in your handwriting which you copied and keep doing untill comes in habit (it will come within 3 days)

⚡ Step 5. Repeat the above and ask others for analysis after 5 repetitions.

First fix this then practice a lot of writing to speed by fixing timer.

#Tip@CurrentLegalGK

Surrogate Mothers Likely To Be Paid Anyway, Better To Have A System To Regulate : Supreme Court In Challenge To Ban On Commercial Surrogacy
https://www.livelaw.in/top-stories/supreme-court-protection-of-surrogate-mothers-plea-against-prohibition-on-commercial-surrogacy-269196

Acknowledging Dewan's submission, Justice Nagarathna said that there can be something like a "surrogate bank". "The plan will not really work in the sense they are still going to be paid. Atleast we can regulate it", the judge added.

@CurrentLegalGK

‘Effective consultation’: How SC ruling underlines process of HC judges’ appointment 🔗
#collegium_system #himachal_pradesh_high_court #sc_collegium #supreme_court_collegium

The court said that collegiums for High Court appointments would include the
1. Chief Justice of India (CJI) and the
2. two seniormost judges of the Supreme Court.

This collegium would be required to consult the “Chief Justice and senior judges” of the HC concerned, the “seniormost” SC judge from that HC, as well as any SC judges who were “knowledgeable” about that HC.

As a part of this process, the Chief Justice of the HC must consult two other seniormost judges at the HC — together forming the High Court collegium —

And send their recommendations, with reasons, to the Chief Minister, the Governor, and the CJI.

The Governor, based on the advice of the Chief Minister, will send the proposal to the Minister of Law and Justice at the Centre, who will conduct a background check and send the entire material to the CJI, who will consider it with the rest of the SC collegium.

@CurrentLegalGK

🤬 🇬🇧🇺🇸
UK v. USA Defamation laws.

Burden of proof and fault liability.

In the UK, the falsity of a defamatory statement is presumed, and the defendant must prove that the statement is true.

In the USA, the plaintiff must prove that the statement is false. This reversal of burden makes it easier to bring a defamation case in the UK.

In UK no need to prove Negligency or Recklessnes or knowledge there is strict liability..

In U.S.A Knowledge (actual malice) or Negligence need to be proved depending on whom the person suing Public official or private person

@CurrentLegalGK

Can't Direct Enactment Of Law To Enforce Fundamental Duties, Says Supreme Court During PIL Hearing
https://www.livelaw.in/top-stories/supreme-court-plea-for-enforcement-of-fundamental-duties-court-says-it-cannot-direct-legislature-to-enact-law-269324

#Question

What will be the consequences if Fundamental duties under constitution become enforceable? What new issues might come?

@CurrentLegalGK

10 Important Life Lessons From Bhagavad Gita | Times of India
https://timesofindia.indiatimes.com/religion/web-stories/10-important-life-lessons-from-bhagavad-gita/photostory/106165157.cms

Narayana Murthy criticizes coaching classes, advocates for genuine learning and critical thinking
https://www.newindianexpress.com/business/2024/Sep/10/narayana-murthy-criticizes-coaching-classes-advocates-for-genuine-learning-and-critical-thinking

💯⚡ very important issue.

Use- You can quote this and Murthy in education based essays.

Observing world can teach you a lot, which can be attained by going to schools and colleges
@CurrentLegalGK

S.319 CrPC | Order To Summon Additional Accused Passed After Acquittal/Conviction Of Co-Accused Is Unsustainable: Supreme Court
https://www.livelaw.in/top-stories/s319-crpc-order-to-summon-additional-accused-passed-after-acquittalconviction-of-co-accused-is-unsustainable-supreme-court-269348

Why Tamil Nadu opposes Centre’s New Education Policy (NEP) 🔗
#dharmendra_pradhan #explained_politics #express_explained #m_k_stalin #new_education_policy #tamil_nadu

Why Rahul Gandhi’s meeting with US Congresswoman Ilhan Omar has triggered outrage 🔗
#express_explained #minnesota #rahul_gandhi

Why September 12 is observed as Saragarhi Day 🔗
#express_explained #history #punjab

Does Polaris Dawn mission violate 50-year old international treaty? 🔗
#explained_sci_tech #express_explained #spacex

🌟 These are some General Awareness Articles.

Skim them for once.

Rahul Gandhi One is Political news but Important for us to know in general about his ideology as he is the keader of opposition (counterpart of PM)

@CurrentLegalGK

🌟 Strategy to Get 90% Accuracy in Translation paper

Black's law dictionary
https://t.me/CurrentLegalGK/3059

practice here
https://t.me/CurrentLegalGK/4280

legal glossary

@CurrentLegalGK