👨‍⚖️ 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

@CurrentLegalGK

#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

@CurrentLegalGK

Citation types
1. AIR
2. SCC
3. SCR

If you are mentioning somewhere (job) that you have worked on editorials, research paper then you muct know these basics.
@CurrentLegalGK

💑News to sub ne dekh hi li hogi, legalising homosexual marriage wali.

We will be sharing a detailed summary with important sub headings for your exam point of view tomorrow.

@CurrentLegalGK

👨‍⚖️ Bhagwandas Goverdhandas Kedia v. M/s. Girdharilal Parshottamdas & Co., AIR 1966 SC 543 17
 
Section 3 of indian contract act

@CurrentLegalGK

Article 20 (3) & Test Identification Parade: The Question Of Rights And Obligations
https://www.livelaw.in/articles/article-203-constitution-test-identification-parade-rights-obligations-240186

Test Identification Parade section 9 of Evidence act and protection from self incriminating article 20(3) of constitution.

54A of crpc

Balfour v balfour 1919
Hindi case summary.

#ICA
Intention to create legal relationship

Principles To Be Followed In Case Of Multiple Dying Declarations: Supreme Court Explains
https://www.livelaw.in/top-stories/supreme-court-judgment-explains-multiple-dying-declaration-240573

Decrypting Arnesh Kumar Guidelines For Making Arrest
https://www.livelaw.in/articles/decrypting-arnesh-kumar-guidelines-for-making-arrest-239715

Remission Granted Or Not Granted: Crossing The ‘Laxman Rekha’
https://www.livelaw.in/articles/remission-granted-clemency-code-of-criminal-procedure-constitution-of-india-240047

Intention vs motive, knowledge, recklessness and negligence.

Section 86 of IPC, basdev, 307, 308

💑 LGBTQI+ RIGHT TO UNION ✅ OR MARRIAGE❓

✓ Case law - Supriyo v. UOI, 2023
✓ 5 Judges - 3:2 Split verdict
✓ Majority - 3 (Justice Bhat, Hima Kohli J and PS narsimha J) : 2(CJI &
Justice S.K. Kaul)

🎬Flashback- 20 Petitions were filed by Queer couples claiming that Special marriage act (SMA) , foreign marirage act, hindu marriage act are discriminatory as they do not recognise LGBTQI+ marriage.
✓Court refused to entertain oersonal laws hence proceeded with SMA

✅Issue No. 1 - Adoption Rights to Queer couple.

👩‍👦DISSENTING opinion by 2 Judges.
— Regulation 5(3) is contrary to the spirit and letter of the JJ Act and Section 57 in particular. The assumption made by CARA that only married heterosexual couples can provide a stable household for a child is wrong. There is no single form of a stable household, and the law should not discriminate against unmarried couples, (however individually are allowed)

[Read down 'Marital' to married or unmarried couple as against Article 15, CARA and adoption regulation (delegated legislation) not conforming to JJ Act]

👪 MAJORITY Opinion
(There is an urgent need of regulation for the protection of rights of Queer parents and children, grey area)

✓ Why 57(2) exclusively for married couples because for the protection & "best interest of child" when marriage is broken.

— Point- This framework ensures that if one parent abandons the relationship, the other can still maintain themselves and provide for the child, a remedy that couples without legal recognition of marriage are deprived of.

[Thus state had an urgent need to grant the full range of rights to queer parents and children becaus eof no legal recognition]

✅Issue No. 2 - Legal Recognition to LGBTQI+ marriage.

The Court also unanimously held that that queer couples have a right to cohabit without any interference but no directions were passed to legally recognise there marriage.

👩‍👦DISSENTING Opinion
—> Freedom of queer community to enter into unions is guaranteed under the Constitution.
—> Special marriage act violative of Article 14 but it is the parliament to decide and not court.

👪MAJORITY Opinion

☑️Entitlement to civil union could only be through enacted law.

☑️POINT: Present case is not similar to earlier cases where protection was from violence but here the question of marriage which is a social institution and there could not be an unqualified right to marry which was to be treated as a fundamental right.
 
☑️This matter contains lot of policy making and legislature can do so constitutionally

☑️ Queer couple have right to relationship but state is not obliged to protect those rights.

☑️ Gender neutral interpretation of the Special Marriage Act may not be equitable and could result in women being exposed to vulnerabilities in an unintended manner (misuse)

☑️Transgender persons in heterosexual relationships to marry as per existing law said by CJI (dissent also)

— Directed - High powered committee to examine the rights for LGBTQI+ Union.

💯The conclusions mentioned by justice bhat are final directions given by majority the image is attached below 👇

#Case_brief
@CurrentLegalGK

HONY and HOB: Copyrights in the Digital Market and the 'Modicum of Creativity'
https://www.thequint.com/opinion/hony-hob-brandon-stanton-karishma-mehta-copyrights-in-the-digital-market