L..CA.pdf
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Principles Relating To Plea & Alibi & Delaying In Registering FIR : Supreme Court Explains
https://www.livelaw.in/top-stories/supreme-court-judgment-plea-of-alibi-and-delay-in-fir-registration-240182
https://www.livelaw.in/top-stories/supreme-court-judgment-plea-of-alibi-and-delay-in-fir-registration-240182
www.livelaw.in
Principles Relating To Plea & Alibi & Delaying In Registering FIR : Supreme Court Explains
A Division Bench of the Supreme Court, comprising Justices Abhay S. Oka and Sanjay Karol, recently affirmed the conviction of 9 accused persons of the crime committed by them back in 1988. It may...
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The Karnataka High Court has held that where the offences punishable under the provisions of two special enactments viz, the Scheduled Castes and Tribes (Prevention of Atrocities) Act and POCSO Act are invoked, the POCSO Act, being a later enactment, should prevail over the Atrocities Act.
๐ [Somashekhar And State by Rural Police Station, 2023]
Note: The court noted that when two statutes contain non-obstante clauses, the later enactment is presumed to prevail, as the legislature is assumed to be aware of the previous enactment and chose to give overriding effect to the later one.
However, the court clarified that for this principle to apply, the offenses punishable under the later enactment (in this case, the POCSO Act) should be prima facie established.
๐ [Dinanath manik katkar vs state of Maharastra 2023]
@CurrentLegalGK
2 special Law; which one will prevail โThe Karnataka High Court has held that where the offences punishable under the provisions of two special enactments viz, the Scheduled Castes and Tribes (Prevention of Atrocities) Act and POCSO Act are invoked, the POCSO Act, being a later enactment, should prevail over the Atrocities Act.
๐ [Somashekhar And State by Rural Police Station, 2023]
Note: The court noted that when two statutes contain non-obstante clauses, the later enactment is presumed to prevail, as the legislature is assumed to be aware of the previous enactment and chose to give overriding effect to the later one.
However, the court clarified that for this principle to apply, the offenses punishable under the later enactment (in this case, the POCSO Act) should be prima facie established.
๐ [Dinanath manik katkar vs state of Maharastra 2023]
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Legal.Update.pdf
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We the women of India vs UOI + Bachpan Bachao Andolan 2023 ( 2 Judges Bench)
Gudielines Related to POCSO ACT - Section 39 [ Support Persons]๐ฅ3
Forwarded from ๐๐๐๐๐๐๐๐๐ ๐๐๐๐๐ ๐๐๐๐๐ b๐ฒ- ๐๐๐ญ๐ฎ๐ซ๐๐ฅ ๐๐ฎ๐ฌ๐ญ๐ข๐๐ (Admin)
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Madras, Mp, delhi high court views.
22nd law commission report
Ministry of women and child
2013 criminal law amendment raised the agr of consent from 16 to 18 due to enactement of POCSO.
POCSO age issue and Consensual relationshipMadras, Mp, delhi high court views.
22nd law commission report
Ministry of women and child
2013 criminal law amendment raised the agr of consent from 16 to 18 due to enactement of POCSO.
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This is a landmark case of kidnapping of minor where the court defined the meaning of โtaking awayโ and allowing a minor to accompany.
๐ฏAs Justice Gajendragadkar had rightly observed in State v. Harbansingh Kiansingh (1954)
"It may be that the mischief intended to be punished partly consists in the violation or the infringement of the guardians' right to keep their wards under their care and custody; but the more important object of these provisions undoubtedly is to afford security and protection to the wards themselves."
#Section_361_and_363_of_IPC
@CurrentLegalGK
S Vardharajan v. State of Madras AIR 1965 This is a landmark case of kidnapping of minor where the court defined the meaning of โtaking awayโ and allowing a minor to accompany.
๐ฏAs Justice Gajendragadkar had rightly observed in State v. Harbansingh Kiansingh (1954)
"It may be that the mischief intended to be punished partly consists in the violation or the infringement of the guardians' right to keep their wards under their care and custody; but the more important object of these provisions undoubtedly is to afford security and protection to the wards themselves."
#Section_361_and_363_of_IPC
@CurrentLegalGK
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Court, in its judgment, has meticulously penned down several principles pertaining to the plea of alibi. These principles have been driven from various landmark decisions including
โ[
โ[
Few of these principles, as enumerated in the judgment, are:
โ It is not a part of the General Exceptions under the IPC and is instead a rule of evidence under Section 11 of the Indian Evidence Act, 1872.
โ Further, the burden to establish the plea is on the person taking such a plea. The same must be achieved by leading cogent and satisfactory evidence;
โ It is required to be proved with certainty so as to completely exclude the possibility of the presence of the accused at the spot of the crime. In other words, a standard of โstrict scrutinyโ is required when such a plea is taken.
@CurrentLegalGK
KAMAL PRASAD & ORS v. THE STATE OF MADHYA PRADESH, 2023Court, in its judgment, has meticulously penned down several principles pertaining to the plea of alibi. These principles have been driven from various landmark decisions including
โ[
Dhananjoy Chatterjee v. State of W.B.,1994] ; andโ[
Vijay Pal v. State (Govt. of NCT of Delhi), 2015] Few of these principles, as enumerated in the judgment, are:
โ It is not a part of the General Exceptions under the IPC and is instead a rule of evidence under Section 11 of the Indian Evidence Act, 1872.
โ Further, the burden to establish the plea is on the person taking such a plea. The same must be achieved by leading cogent and satisfactory evidence;
โ It is required to be proved with certainty so as to completely exclude the possibility of the presence of the accused at the spot of the crime. In other words, a standard of โstrict scrutinyโ is required when such a plea is taken.
@CurrentLegalGK
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Concept of Justice under Indian Constitution
https://articles.manupatra.com/article-details/Concept-of-Justice-under-Indian-Constitution
https://articles.manupatra.com/article-details/Concept-of-Justice-under-Indian-Constitution
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Concept of Justice under Indian Constitution https://articles.manupatra.com/article-details/Concept-of-Justice-under-Indian-Constitution
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โ Role of judges
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๐Decisions That Expanded The Scope Of Fundamental Rights in the last 10 years
โBy Justice Deepak Gupta
"According to him the development of F.R. jurisprudence was antithesis which is the best of times and the worst of times"
โ๏ธ1. Lillu V State of Haryanaโฆ
โBy Justice Deepak Gupta
"According to him the development of F.R. jurisprudence was antithesis which is the best of times and the worst of times"
โ๏ธ1. Lillu V State of Haryanaโฆ
Jan-2023-CA.pdf
2 MB
๐Legal Current Affairs January to August
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General Offer - An offer made to the world at large is known as a general offer. Such offers can be accepted by anyone, but the contract is not entered into with the whole world. It is made only with a person who comes forward & performs the condition of the proposal.
#proposal #unilateral_offer
#acceptance
#contract
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Carlill v. Carbolic Smoke Ball Company 1891General Offer - An offer made to the world at large is known as a general offer. Such offers can be accepted by anyone, but the contract is not entered into with the whole world. It is made only with a person who comes forward & performs the condition of the proposal.
#proposal #unilateral_offer
#acceptance
#contract
@CurrentLegalGK
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