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CJI Chandrachud Has Just 5 More Days On The Bench: 5 Big Verdicts He Will Deliver | Times Now
https://www.timesnownews.com/india/cji-chandrachud-has-just-5-more-days-on-the-bench-5-big-verdicts-he-will-deliver-article-114712206
https://www.timesnownews.com/india/cji-chandrachud-has-just-5-more-days-on-the-bench-5-big-verdicts-he-will-deliver-article-114712206
Times Now
CJI Chandrachud Has Just 5 More Days On The Bench: 5 Big Verdicts He Will Deliver
Supreme Court is at present closed for Diwali vacations. Once it reopens on November 4, CJI Chandrachud has just five more working days before he retires on November 10., India News News - Times Now
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Supreme Court Has Created Robust Jurisprudential Framework To Strengthen Federalism, Ensure State Rights Are Protected: CJI DY Chandrachud
https://www.livelaw.in/top-stories/cji-dy-chandrachud-supreme-cour-jurisprudence-federalism-273836
https://www.livelaw.in/top-stories/cji-dy-chandrachud-supreme-cour-jurisprudence-federalism-273836
www.livelaw.in
Supreme Court Has Created Robust Jurisprudential Framework To Strengthen Federalism, Ensure State Rights Are Protected: CJI DYβ¦
Chief Justice of India DY Chandrachud recently highlighted the role of the Supreme Court in shaping the landscape of Federalism in India and upholding the balance of Centre- State relations.
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Supreme Court Has Created Robust Jurisprudential Framework To Strengthen Federalism, Ensure State Rights Are Protected: CJI DY Chandrachud https://www.livelaw.in/top-stories/cji-dy-chandrachud-supreme-cour-jurisprudence-federalism-273836
Important Judgments on Federalism
1. βI term the era before the judgment of the Supreme Court in SR Bommai v. Union of India as the centripetal era. Here, the Court adopted interpretations with a centripetal impact, that is, it had a centralizing tendency which led to an accumulation of power with the Center and away from the federating States.β
2. Mineral Area Development Authority v. M/S Steel Authority Of India, 2024
Court by an 8:1 majority held that States have the power to levy tax on mineral rights,
βWe were cognisant of the reality that different States in the country are differently endowed with mineral resources. Interestingly, this was an instance where federalism impacted not only the state's political and fiscal rights but also its ability to deliver welfare measures. We drew heavily from these factual realities, the concepts of resource federalism, and 'fiscal federalism' .β
3. The State Of Punjab v. Principal Secretary To The Governor Of Punjab, 2023
Article 200 of the Indian Constitution gives Governors three options when a state legislature passes a bill:
(1) Give assent to the bill;
(2)Withhold assent;
(3) Reserve the bill for the President's consideration.
(This article also deals with Independence of Judiciary think π¬)
β "If the Governor decides to withhold assent under the substantive part of Article 200, the logical course of action is to pursue the course indicated in the first proviso of remitting the Bill to the state legislature for reconsideration. In other words, the power to withhold assent under the substantive part of Article 200 must be read together with the consequential course of action to be adopted by the Governor under the first proviso,"
β Distinction between adjournment and prorogation (speaker vs governor power) The Constitution and established legislative practice distinguish between adjournment sine die and prorogation of the session of the House. In the case before us the Vidhan Sabha was adjourned on 22 March 2023 without prorogation. Therefore, the
Speaker was empowered to reconvene the sittings of the House within the same session.
β First proviso of 200 is for 2nd option withholding assent and not for giving assent or reserving for president.
β As soon as possible
State of Telangana v. Secretary to Her Excellency the Honβble Governor for the State of
Telangana, 2023
Governor cannot be at liberty to keep the Bill pending indefinitely
without any action whatsoever.
@CurrentLegalGK
1. βI term the era before the judgment of the Supreme Court in SR Bommai v. Union of India as the centripetal era. Here, the Court adopted interpretations with a centripetal impact, that is, it had a centralizing tendency which led to an accumulation of power with the Center and away from the federating States.β
2. Mineral Area Development Authority v. M/S Steel Authority Of India, 2024
Court by an 8:1 majority held that States have the power to levy tax on mineral rights,
βWe were cognisant of the reality that different States in the country are differently endowed with mineral resources. Interestingly, this was an instance where federalism impacted not only the state's political and fiscal rights but also its ability to deliver welfare measures. We drew heavily from these factual realities, the concepts of resource federalism, and 'fiscal federalism' .β
3. The State Of Punjab v. Principal Secretary To The Governor Of Punjab, 2023
Article 200 of the Indian Constitution gives Governors three options when a state legislature passes a bill:
(1) Give assent to the bill;
(2)Withhold assent;
(3) Reserve the bill for the President's consideration.
(This article also deals with Independence of Judiciary think π¬)
β "If the Governor decides to withhold assent under the substantive part of Article 200, the logical course of action is to pursue the course indicated in the first proviso of remitting the Bill to the state legislature for reconsideration. In other words, the power to withhold assent under the substantive part of Article 200 must be read together with the consequential course of action to be adopted by the Governor under the first proviso,"
β Distinction between adjournment and prorogation (speaker vs governor power) The Constitution and established legislative practice distinguish between adjournment sine die and prorogation of the session of the House. In the case before us the Vidhan Sabha was adjourned on 22 March 2023 without prorogation. Therefore, the
Speaker was empowered to reconvene the sittings of the House within the same session.
β First proviso of 200 is for 2nd option withholding assent and not for giving assent or reserving for president.
β As soon as possible
State of Telangana v. Secretary to Her Excellency the Honβble Governor for the State of
Telangana, 2023
Governor cannot be at liberty to keep the Bill pending indefinitely
without any action whatsoever.
@CurrentLegalGK
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Practice_and_procedure_of_Parliament_with_particular_S_L_Shakdher;.pdf
7 MB
Practice and procedure of Parliament _ with particular -- S_ L_ Shakdher; Maheshwar Nath Kaul; (Civil servant) Anoop -- Seventh edition _, 2016 --
All about parliamentary procedure, Important book in case of doubt in any detailed procedure of parliament and also for UPSC polity.
@CurrentLegalGK
All about parliamentary procedure, Important book in case of doubt in any detailed procedure of parliament and also for UPSC polity.
@CurrentLegalGK
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π #Question
Illustration- A transfers a decree, which is not even passed by the court, to B.
π1. Is this a valid transfer under T.P.A.?
π2. What are the remedies available with B?
π€3. What are differences on the basis of the legal remedies available to aggrieved party between Agreement to transfer property in existence and agreement to transfer a property not in existence.
#TPA
@CurrentLegalGK
Illustration- A transfers a decree, which is not even passed by the court, to B.
π1. Is this a valid transfer under T.P.A.?
π2. What are the remedies available with B?
π€3. What are differences on the basis of the legal remedies available to aggrieved party between Agreement to transfer property in existence and agreement to transfer a property not in existence.
#TPA
@CurrentLegalGK
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Latest cases MCQ by @CurrentLegalGK
If a reference or a review is pending against a Supreme Court judgment, is the High Court bound to follow it?
If a reference or a review is pending against a Supreme Court judgment, is the High Court bound to follow it?
Anonymous Quiz
12%
No depends of facts and circumstances of each case.
53%
High Court should defer its decision till the Supreme Court decides the review/reference.
15%
High Court has the discretion to take an independent decision.
20%
Yes
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Rules to get disability certificates tweaked: the changes, why they are being opposed π
#express_explained
#express_explained
The Indian Express
Rules to get disability certificates tweaked: the changes, why they are being opposed
The amendments have been made to tighten the application and vetting processes. Recently, IAS probationer Puja Khedkar was dismissed from service for allegedly forging her disability and caste certificate.
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Indian Law expects from you to wake up in the morning at___?
Anonymous Quiz
33%
4 AM
28%
5 AM
24%
6AM
15%
7AM
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Fundamental Right Of Privacy Includes Spousal Privacy, Law Cannot Permit Snooping By Spouses: Madras High Court
https://www.livelaw.in/high-court/madras-high-court/madras-high-court-fundamental-rights-of-privacy-includes-spousal-privacy-273995
https://www.livelaw.in/high-court/madras-high-court/madras-high-court-fundamental-rights-of-privacy-includes-spousal-privacy-273995
www.livelaw.in
Fundamental Right Of Privacy Includes Spousal Privacy, Law Cannot Permit Snooping By Spouses: Madras High Court
The Madras High Court has observed that the fundamental right of privacy includes spousal privacy. The court noted that the law could not permit or encourage snooping by one spouse on another....
How the United Statesβ electoral college works π
#express_premium #us_elections #us_presidential_election
#express_premium #us_elections #us_presidential_election
The Indian Express
How the United Statesβ electoral college works
In the US system, votes cast by the public in favour of a presidential candidate are actually meant to elect that candidateβs βelectorsβ, who then vote for the President. How does this system work?
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Fundamental Right Of Privacy Includes Spousal Privacy, Law Cannot Permit Snooping By Spouses: Madras High Court https://www.livelaw.in/high-court/madras-high-court/madras-high-court-fundamental-rights-of-privacy-includes-spousal-privacy-273995
βLaw cannot proceed on the premise that marital misconduct is the norm. It cannot permit or encourage snooping by one spouse on the other. Privacy as a fundamental right includes spousal privacy also and evidence obtained by invading this right is inadmissible,β the court observed.
Explain the admissibility of evidence, with the help of Provisions and cases dealing with Bharitya Nagrik suraksha sanhita and section 14 of Hindu Marriage Act, when there is any illegal procurement of evidence.
@CurrentLegalGK
Explain the admissibility of evidence, with the help of Provisions and cases dealing with Bharitya Nagrik suraksha sanhita and section 14 of Hindu Marriage Act, when there is any illegal procurement of evidence.
@CurrentLegalGK
Vendor Cannot Execute Second Sale Deed While First Sale Deed Executed Over Same Plot Is Pending Registration: Supreme Court
https://www.livelaw.in/top-stories/vendor-cannot-execute-second-sale-deed-while-first-sale-deed-executed-over-same-plot-is-pending-registration-supreme-court-263941
https://www.livelaw.in/top-stories/vendor-cannot-execute-second-sale-deed-while-first-sale-deed-executed-over-same-plot-is-pending-registration-supreme-court-263941
www.livelaw.in
Vendor Cannot Execute Second Sale Deed While First Sale Deed Executed Over Same Plot Is Pending Registration: Supreme Court
The Supreme Court recently held that a vendor who has executed a sale deed cannot execute another deed with respect to the same plot just because the first sale deed is pending registration. The...
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Vendor Cannot Execute Second Sale Deed While First Sale Deed Executed Over Same Plot Is Pending Registration: Supreme Court https://www.livelaw.in/top-stories/vendor-cannot-execute-second-sale-deed-while-first-sale-deed-executed-over-same-plot-is-pending-registrationβ¦
"The issue of registration of a document is with the State, which requires compulsory registration of documents so that it is not deprived of revenue by way of stamp duty payable on such transfers of immovable property. If the purchaser has no means to pay stamp duty or exorbitant demand of stamp duty is made by the registering authority which the purchaser is unable to pay at that time but he remains satisfied with the fact that the vendor has fairly and duly executed the sale deed presented it for registration and put him in possession of the purchased property which he is peacefully enjoying, he is always at liberty to pay the deficiency of stamp duty at any point of time. The document presented for registration will remain with the Registering Authority till such time, the deficiency is removed. However, this pendency of registration on account of deficiency cannot enure any benefit to the vendor, who has already eliminated all his rights by executing the sale deed after receiving the sale consideration. He cannot become the owner of the transferred land merely because the document of sale is pending for registration
When is the sale deemed to be duly executed?
Do you think the Judgment is correct, in my opinion the strict interpretation of Section is not applied here due to pragmatic situation and it sets an example to the vendors to not commit fraud with others, however the other point remains valid that the registration is not complete and sale is not executed it is a trite principle of law.
@CurrentLegalGK
When is the sale deemed to be duly executed?
Do you think the Judgment is correct, in my opinion the strict interpretation of Section is not applied here due to pragmatic situation and it sets an example to the vendors to not commit fraud with others, however the other point remains valid that the registration is not complete and sale is not executed it is a trite principle of law.
@CurrentLegalGK
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2024 Jan to Oct Landmark Judgments @CurrentLegalGK.pdf
312.7 KB
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Tap on the link for brief of the case (in some cases this function is not available though we will be adding it soon from next version, for complete 100% of the cases)
2019-2023 landmark judgments
@CurrentLegalGK
2024 January to October Landmark Judgments CompilationTap on the link for brief of the case (in some cases this function is not available though we will be adding it soon from next version, for complete 100% of the cases)
2019-2023 landmark judgments
@CurrentLegalGK
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2024 Jan to Oct Landmark Judgments @CurrentLegalGK.pdf
ππ€ Diwali Gift π
πͺ Happy Diwali π
Apologies for the Late wish guys, was buzy making this compilation for you all bcz Diwali Gift is a must for my Friends ππ
I hope everyone achieves What they deserves and wanted to become.
@CurrentLegalGK
πͺ Happy Diwali π
Apologies for the Late wish guys, was buzy making this compilation for you all bcz Diwali Gift is a must for my Friends ππ
I hope everyone achieves What they deserves and wanted to become.
π ΰ€ΰ₯ΰ€ΰ€Ώΰ€―ΰ€Ύ ΰ€ΰ€Ύ ΰ€‘ΰ€¬ΰ₯ΰ€¬ΰ€Ύ ΰ€¨ΰ€Ήΰ₯ΰ€ ΰ€ΰ₯ΰ€² ΰ€°ΰ€Ήΰ€Ύ, somebody help.
@CurrentLegalGK
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