Full Text | 'I Hope History Does Not Remember CJI D.Y Chandrachud': Dushyant Dave to Karan Thapar
https://m.thewire.in/article/law/chandrachud-karan-thapar-dushyant-dave

Video- @CurrentLegalGK https://youtu.be/otSJH3gEpWw?feature=shared

1 Question related to CJI office or 50th/51st CJI can be expected as it is a hot topic.

🌟 One reason Why Medical professional comes under section 2(42) of Consumer protection Act, 2019 [Definition of service]

Dharangadhara Chemical Works Ltd. v. State of Saurashtra, 1957
A contract for services' implies a contract whereby one party undertakes to render services e.g. professional or technical services, to or for another in the performance of which he is not subject to detailed direction and control but exercises professional or technical skill and uses his own knowledge and discretion. [See : Oxford Companion to Law, P. 1134].

A contract of service' implies relationship of master and servant and involves an obligation to obey orders in the work to be performed and as to its mode and manner of performance. [See : Stroud's Judicial Dictionary, 5th Edn., P. 540; Simmons v. Heath Laundry Co. (1910)
and Dharangadhara Chemical Works (supra)

🌟 For point wise difference see-

Contract 'of' Personal Service is excluded in service definition [2(42)]

Doctor and patient relationship can be based on mutual trust but not like master and servant thereby it is not OF but FOR.

Now the court has rejected the reference to reconsider the Indian Medical Association vs V.P. Shantha, 1995 case as it was irrelevant because court had decided lawyers case on its own merit w/o considering this case, this 1995 case can be reconsidered in future if factual foundation warrants so.


@CurrentLegalGK

🌟How reference to larger bench is given to avoid breach of doctrine of staire decisis

✓ Precedent used- Central Board of Dawoodi Bohra Community vs. State of Maharashtra, (2005) also see exception of this in this case itself.

📙 For Detailed Critical discussion-
After 2 Recent dissents by Bela M trivedi (sub classification case) and BV nagarathana (Mineral development case)
on reasons to be provided by smaller bench when referring (read more)

🖼️ Image from—
Sita Soren v. Union of India, 2023

🌟 Doctrines—
(i) doctrine of predictability;
(ii) doctrine of finality;
(iii) principle of judicial propriety; and
(iv) doctrine of stare decisis.
see AMU minority institution justice surya kant judgment

#Discernible_Topics@CurrentLegalGK

Minority Status Not Lost Merely Because Institution Was Created By Statute; AMU Minority Claim To Be Decided Based On Who Established It : Supreme Court By 4: 3
https://www.livelaw.in/top-stories/minority-status-not-lost-merely-because-institution-was-created-by-statute-amu-minority-claim-to-be-decided-based-on-who-established-it-supreme-court-by-4-3-274599

*यूपी में पुरुष टेलर महिलाओं का नाप नहीं ले सकेंगे:* कानपुर हत्याकांड के बाद महिला आयोग का आदेश, जिम में महिला ट्रेनर जरूरी
https://dainik.bhaskar.com/EAH1JEbAlOb

Criteria To Determine Minority Status Of Educational Institution Under Article 30 : Supreme Court Explains In AMU Case
https://www.livelaw.in/top-stories/criteria-to-determine-minority-status-of-educational-institution-under-article-30-supreme-court-explains-in-amu-case-274655

*बीच सड़क पर रोका, 3 गोलियां मारीं:* हत्या की सजा काट रहे युवक का मर्डर; कनाडा से कॉन्ट्रैक्ट किलिंग का शक
https://dainik.bhaskar.com/GZFu83VwlOb

😶 As a Judge How are you going to Punish these type of offenders (if there are no others mitigating facts)

@CurrentLegalGK

My Shoulders Are Broad Enough To Accept All Criticism: CJI DY Chandrachud In Farewell Speech
https://www.livelaw.in/top-stories/my-shoulders-are-broad-enough-to-accept-all-criticism-cji-dy-chandrachud-in-farewell-speech-274673

“The Supreme Court is the Chief Justice centric court. The registry looks to one person, the Chief Justice. I thought that had to change. I experimented with constituting committees. And my experience was remarkable”, he said.

@CurrentLegalGK

50th Chief Justice of India-.pdf

🎓🕌 ALIGARH MUSLIM UNIVERSITY vs. NARESH AGARWAL, 2024

✅ Bench: 7 (4:3) close call 🤙

✅ Partly Overruled
Azeez Basha vs. UOI, 1967 to the extent it held that an institution incorporated by a statute cannot claim to be a minority institution.

✅ Issues—

1. Whether a University, established and governed by a statute (AMU Act 1920), can claim minority status.
2. The correctness of the S. Azeez Basha vs. UOI, 1967 (5 judge) which rejected the minority status of AMU.
3. The nature and correctness of the 1981 amendment to the AMU Act, which accorded minority status to the University after the decision in Basha.
4. Whether reliance placed on the Basha decision by Allahabad High Court in AMU v. Malay Shukla in 2006 was correct in concluding that AMU being a non-minority institution could not reserve 50% seats for Muslim candidates in Medical PG Courses. 

💭🤔 Can you mention 3 benefits of being minority institution?

📒 Section 30(1) Constitution All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice

👨‍⚖️ Majority Judges views

🌟 Criteria for determining educational institution's entitlement to minority rights protection U/A 30(1)

1. 'Establish' and 'administer' must be read conjunctively—
Eg. Established by minority but less power to adminster it and given to state by waiver etc. then No status.

2. Article 30(1) applies to educational institutions established before the commencement of the Constitution—
✓Retrospective application of Article 30
✓ Only prospective application will dilute the object and purpose.

3. Minority status is not surrendered merely because an institution was created by a statute (as in AMU case)—
People behind
establishment matters and giving legal status by State does not waives right U/A. 30(1)

4. The minority character of the institution is not ipso facto surrendered upon the incorporation of the University—
Long title says An act to incorporate/estb University etc..
does not mean establish by parliament such fomalistic interpretation would means fundamental rights are subservient to legislative language (which is incorrect)

5. Community need not be 'Minority' before the commencement of the Constitution—
Obviously because of dradtic demographic change after partition.

6. Display of religious symbols or existence of place of worship not necessary
Even without religious education secular teaching can be given so this temple, mosque etc.. need not always be present.

7. How to determine who established the institution?
✓ It must predominantly (not only) for minority benefit.
✓ Trace origin of idea for estb., letter exchanged within community or with state.
✓ Trace Steps taken towards implementation, who contributed funds, land, permissions.

8. Not necessary to prove that the administration vests with the minority—
✓ Adminstered by minority
✓ Other community members can also present.
✓ Test: when admnstration does not elucidate that the educational institution was established to protect and promote the interests of the minority.

9. Other communities can contribute to establish the institution—
✓ A. 30(1) does not prohibit.
✓ Other community can be concerned about minority.

10 National importance (entry 63 list 1) will not take away minority status

✅ Dissent—
✓Justices Surya Kant (partly)
✓Justices Dipankar Datta ✓SC Sharma 

1. Surya Kant— (Partly)
AMU is minority institution will be decided by regular bench, mix question of law and fact
(majority)

🌟Point of disagreement—
✓ Reference by 2 judge to 7 is not correct liberal view should be avoided.
✓ Adminstration de jure and de facto with minority the majority says adminstrative structure show minority character and not necessarily to be adminstered by minority.

2. Dipankar Dutta-
Made a categorical declaration that AMU is not a minority institution. 

3.  SC sharma-
Minority must have full control to hire and fire staff, no outside help in controlling the administration, {2 keywords in A. 39(1) read conjunctively}.
[Noscitur a sociis]

@CurrentLegalGK

🌟 All the Best IBPS Candidates 😎

@CurrentLegalGK

Aadhaar biometric data access will aid forensics - The Hindu
https://www.thehindu.com/opinion/op-ed/aadhaar-biometric-data-access-will-aid-forensics/article68833639.ece

Lis Pendens Doctrine Kicks In When Petition Is Filed & Not When Court Issues Notice; It Applies Even If Petition Was In Defect : Supreme Court
https://www.livelaw.in/supreme-court/lis-pendens-doctrine-kicks-in-when-petition-is-filed-not-when-court-issues-notice-it-applies-even-if-petition-was-in-defect-supreme-court-274722

The Supreme Court has held that the doctrine of lis pendens under Section 52 of the Transfer of Property Act,1882 will kick in from the moment a petition is filed in the Court and not at the stage when notice is issued by the Court.

#TPA
@CurrentLegalGK

The Mixed Legacy Of CJI DY Chandrachud
https://www.livelaw.in/articles/the-mixed-legacy-of-cji-dy-chandrachud-274691

Will share the brief soon.

Ques: If a investigating police officer who was suspended for few definate days, he then goes on investigating case himself and finds certain important clues/leads so what would be the status of that lead,would it be considered official or what.

Constitution Bench Judgments Of Justice DY Chandrachud
https://www.livelaw.in/top-stories/constitution-bench-judgments-of-justice-dy-chandrachud-274755