🤝🙂‍↔️ Compounding of offences in case of non-compoundable offences.

We thus sum­ up and hold that   as opposed to Section 320
Cr.P.C. where the Court  is   squarely guided by the   compromise between the 
parties in respect of offences ‘compoundable’ within the statutory framework, the extra­ordinary power enjoined upon a high Court under Section 
482 Cr.P.C. or vested in this 
court under article142 of the 
Constitution, can be
invoked beyond the metes and 
bounds of Section 320 Cr.P.C.  
Nonetheless, we reiterate that
such powers of wide amplitude ought to be exercised carefully  in the context of quashing 
criminal proceedings, beqring in mind:-

1. Nature and effect of the 
offence on the conscious of the society.
 
2. Seriousness of the injury

3. Voluntary nature of compromise between
the accused and the victim

4. Conduct of the accused 
persons, prior to and after the 
occurrence of the purported 
offence and/or other relevant considerations.

Read: https://t.me/CurrentLegalGK/3464

Why All Private Properties Cannot Be Distributed For Common Good As Material Resources Of Community? Supreme Court Explains
https://www.livelaw.in/top-stories/why-all-private-properties-cannot-be-distributed-for-common-good-as-material-resources-of-community-supreme-court-explains-274310

🌟 Case name: Property Owners Association v. State of Maharashtra, 2024

✅ Provision—Article 39(b) reads as follows:
The State shall, in particular, direct its policy towards securing—
(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good.

✅ Issues: Total 2
1. Article 31C:
Whether Article 31C (as upheld in Kesavananda Bharati) survives in the Constitution after the amendment to the provision by the
forty-second amendment was struck down by this Court in Minerva mills;

2. Article 39(b):
Whether the interpretation of Article 39(b) adopted by Justice Krishna Iyer in State of Karnataka v. Ranganatha Reddy (1978) and followed in Sanjeev Coke Manufacturing Company vs. Bharat Coking Coal Ltd.(1983) by Justice O Chinnappa Reddy must be reconsidered.
Whether the phrase ‘material resources of the community’ in
Article 39(b) can be interpreted to include resources that are owned
privately and not by the state.

In this brief we are dealing the second issue—

✅ 3 Judgments CJI & others, BV nagarathna and Sudhanshu dhulia, see end for ratio 8:1/7:2.

✅ Ratio Decidendi- let's start 😉

1. All private owned resources satisfies only the term 'resources' not material or community.

2. If private Owned resources has to be excluded then instead of 'community' word 'State' would be there.

3. Meaning of Community-
Different from Individual, if 39(b) meant individual then community word would be absent.

4. Private Owned resources included in it hut not all only those whoch are Material and of the community.

5. As per Rangnath reddy means + good produce both included, i.e., Factory and private owned cars produced from factory.

6. Sanjeev coke- Phrase included, all things capable of producing wealth of the community,

7. ☝️Overruled- Both the views favours all private included which is held erroneous by majority and says that it favours particular economic ideology (communism ki baat ho rahi hai :) but constitution does not permits any particular ideology it is framed in broad terms.

8. Interpretation Against Article 300A- To hold that all private property is covered by the phrase “material resources of the community” and that the ultimate aim is state control of private resources would be incompatible with the constitutional protection.

9. Test to determine whether the resource comes under 39(b) or not—
✓ Nature of the resource,
✓ Characteristics of the resource,
✓ Impact of the resource on the well-being of the community,
✓ Scarcity of the resource,
✓ Consequence of such a resource being concentrated in the hands of private players.

The public trust doctrine can also be applied ( see M.C. Mehta vs Kamal Nath & Ors on 13 December, 1996)

10. Gave non- exhaustive illustrations like Ponds, lakes, wetlands, fragile lands, resource bearing lands.
also, Natural gas, mines minerals, air waves, spectrum (scarcr and finite) may be privately owned and controlled.

✅🌟 Dissent—
1. B.V. Nagarathana-
She concurred with regard to not all private resource come under it however she penned different views on how private resource can be transformed to community and subsequently distributed to subserve common good.

Also she dissented on-
In my view, the judgments Ranganatha Reddy, Sanjeev Coke, Abu Kavur Bai and Basantibai correctly decided the issues that fell for consideration and do not call for any
interference on the merits of the matters and as explained above.

Reasoning why sanjeev coke is good law as regard on merits of the case decided- In Sanjeev Coke this Court did not decide the case only on the basis of the opinion of Krishna Iyer, J. in Ranganatha Reddy.


✅ 2. Sudhanshu Dhulia-
Dissented from majority on meaning of the phrase “material resources of the community and favoured the 2 overruled judgments.

Note: Sudhanshu, J, is the only dissenting judge if question comes on whether ALL private owned comes under phrase of 39(b) & B.V., J, on merits of 2 past cases and dofferent reasoning of when private resouce is community.

@CurrentLegalGK

#vocabulary_@CurrentLegalGK

Gerrymander

Eg total votes more but still loses (see blue (democrats) voters more but red republicans win)

Note: This is just for example.

Delimitation exercise article 82 and 170.

https://www.google.com/amp/s/swarajyamag.com/amp/story/politics%252Fthe-integrity-of-politics-does-gerrymandering-exist-in-india

Next time you see the constituency being changed think from this perspective also.

Why the Supreme Court upheld constitutional validity of UP Madarsa Act, 2004 🔗
#express_explained

Updated.

✅

No Data Produced To Show Road Accidents Increase Due To LMV License Holders Driving Light Transport Vehicles : Supreme Court
https://www.livelaw.in/top-stories/no-data-produced-to-show-road-accidents-increase-due-to-lmv-license-holders-driving-light-transport-vehicles-supreme-court-274416

🚗🚐 Motor vehicle act judgment

✓ The Purpose of MV Act
✓ Brief Overview of Act and Rules.
✓ Construing Section 2(21),3 & 10.
✓ Whether the interpretation in Mukund Dewangan(2017) renders most provisions of the MV Act & MV Rules otiose?
(a) Harmonious Construction
(b) Interpretation must not lead to impractical outcomes.

✓ Discussion on the 8 Conflicting judgments
✓ Is Mukund Dewangan(2017) per incuriam?

Important for #IOS as wel ass doctrine of staire decisis as well

M/S. BAJAJ ALLIANCE GENERAL INSURANCE CO.LTD. v. RAMBHA DEVI
Citation : 2024 LiveLaw (SC) 859

@CurrentLegalGK

Republicans win Senate; race to control House continues: Everything you need to know about US Congress 🔗
#explained_global #express_explained

In USA Presently, President, House of representatives and senate, i.e. Lok sabha and rajya sabha dono ke chunao ho rahe hai.

🌟 Use: Not in answers but in essay related to separation of powers judicial review, parliamentary vs presidential system, impeachment etc. you can always quote these facts to get those brownie points 😎

@CurrentLegalGK

Wealth Inequality Still Enormous; Views Of Krishna Iyer & Chinnappa Reddy Haven't Lost Relevance : Justice Sudhanshu Dhulia In Dissent
https://www.livelaw.in/supreme-court/wealth-inequality-still-enormous-views-of-krishna-iyer-chinnappa-reddy-havent-lost-relevance-justice-sudhanshu-dhulia-in-dissent-274479

👩‍💻🚓 Digital Arrest wale ka time waste kardiya 😂

This is a serious issue please be aware and also do some research on this topic.

See their Bollywoodish acting of Police 😂

@CurrentLegalGK

Chhath Puja: What is it, what makes it the most important festival of Bihar 🔗
#express_explained

Important for Bihar Candidates.

Supreme Court Refuses To Reconsider Judgment Which Brought Doctors Under Consumer Protection Act, Says Reference Was Unnecessary
https://www.livelaw.in/top-stories/supreme-court-refuses-to-reconsider-judgment-which-brought-doctors-under-consumer-protection-act-says-reference-was-unnecessary-274529

Important to read this first

https://t.me/CurrentLegalGK/2856

'Vacation' Renamed As 'Partial Court Working Days' : Supreme Court Amends Rules
https://www.livelaw.in/top-stories/vacation-renamed-as-partial-court-working-days-supreme-court-amends-rules-274519

The Supreme Court has amended its rules to substitute the term 'summer vacation/vacation' with 'partial court working days'.

The large and small of it: the Supreme Court on bench sizes - Supreme Court Observer
https://www.scobserver.in/journal/the-large-and-small-of-it-the-supreme-court-on-bench-sizes/

#Discernible_Topics@CurrentLegalGK