🤔2 special Law; which one will prevail ❓

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.

😎 [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.

😎 [Dinanath manik katkar vs state of Maharastra 2023]

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👨‍⚖️ KAMAL PRASAD & ORS v. THE STATE OF MADHYA PRADESH, 2023

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
✓[Dhananjoy Chatterjee v. State of W.B.,1994] ; and
✓[Vijay Pal v. State (Govt. of NCT of Delhi), 2015]

Few of these principles, as enumerated in the judgment, are:

✅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.

✅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;

✅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 ‘strict scrutiny’ is required when such a plea is taken.

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Concept of Justice under Indian Constitution
https://articles.manupatra.com/article-details/Concept-of-Justice-under-Indian-Constitution

🔗📌Read with -
✅Role of judges
https://t.me/CurrentLegalGK/92

✅Role of courts
https://t.me/CurrentLegalGK/76

#Question
😎Explain what is justice and role of courts and judges in 150 words 👇

👨‍⚖️ Carlill v. Carbolic Smoke Ball Company 1891

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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#Interview

What is Justice❓
Justice is the first promise of the Constitution. Judiciary is the means to reach the end called 'Justice''. The back bone of a true democracy is the efficient and independent judiciary. In modern democracy judiciary act as a social engineer. It protects, declares and even create right

.

✅Meaning - The word 'Justice' is derived from a French word 'Jostise' which means uprightness, equity, vindication of right, administration of law.

✅Why Justice- No society Can exist without justice no law can orevail without justice.

✅Pre requisite for Justice
Justice can be attained in the society only by correct interpretation and implementation of Laws.

✅What is Justice?
Justice means to give each and every person what they deserve.

✅Fact- Most pertinent concept but not defined, it the meaning has evolved from ancient to modern society.

Justice under Indian Constitution
Article 14, 15, 16, 17 & 39A

✅Distributive Justice- Article 38 and 39
Distributive justice means fair distribution of resources among those who are in need of it and it is of 3 types Social, Economic and Political.

✅Social Justice
Origin- Industrial Revolution
Social justice means greater good for larger number of people and unequalls should be treated equally. The apex court in the Kesavananda Bharati & S.R. Bommai case held that social justice is part of Basic structure of the Indian constitution.
(Equality of status, fair distribution)

✅Economic Justice
Economic justice means providing economic opportunity, economic equality and removing economic disabilities. It is always implemented under the umbrella of Social Justice.
(Socialism)

✅Political Justice
Political Justice means a system free from political arbitrariness. There should be political fairness in the working of the government.

~~> Relationship between these 3 is co-extensive in nature, one cannot be achieved without the presence of another.

[Recent example of EWS]

✅Conclusion
Role of courts In today's time is the protection of civil rights, it acts as custodian of fundamental rights. It plays an important role in enforcement of Justice ⚖️

#Discernible_Topics

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