๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
*เคฌเฅเค เคธเฅเค เคชเคฐ เคฐเฅเคเคพ, 3 เคเฅเคฒเคฟเคฏเคพเค เคฎเคพเคฐเฅเค:* เคนเคคเฅเคฏเคพ เคเฅ เคธเคเคพ เคเคพเค เคฐเคนเฅ เคฏเฅเคตเค เคเคพ เคฎเคฐเฅเคกเคฐ; เคเคจเคพเคกเคพ เคธเฅ เคเฅเคจเฅเคเฅเคฐเฅเคเฅเค เคเคฟเคฒเคฟเคเค เคเคพ เคถเค https://dainik.bhaskar.com/GZFu83VwlOb
๐ถ As a Judge How are you going to Punish these type of offenders (if there are no others mitigating facts)
@CurrentLegalGK
@CurrentLegalGK
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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
https://www.livelaw.in/top-stories/my-shoulders-are-broad-enough-to-accept-all-criticism-cji-dy-chandrachud-in-farewell-speech-274673
www.livelaw.in
My Shoulders Are Broad Enough To Accept All Criticism: CJI DY Chandrachud In Farewell Speech
During his farewell speech at a function organized by the Supreme Court Bar Association, Chief Justice of India DY Chandrachud highlighted his commitment to transparency, noting that several...
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๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
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
โThe 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 remarkableโ, he said.
@CurrentLegalGK
@CurrentLegalGK
๐๐ ALIGARH MUSLIM UNIVERSITY vs. NARESH AGARWAL, 2024
โ Bench: 7 (4:3) close call ๐ค
โ 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.
โ Issuesโ
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.
๐ Criteria for determining educational institution's entitlement to minority rights protection U/A 30(1)
1. 'Establish' and 'administer' must be read conjunctivelyโ
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 Constitutionโ
โRetrospective application of Article 30
โ 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)โ
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 Universityโ
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 Constitutionโ
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?
โ It must predominantly (not only) for minority benefit.
โ Trace origin of idea for estb., letter exchanged within community or with state.
โ Trace Steps taken towards implementation, who contributed funds, land, permissions.
8. Not necessary to prove that the administration vests with the minorityโ
โ Adminstered by minority
โ Other community members can also present.
โ 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 institutionโ
โ A. 30(1) does not prohibit.
โ Other community can be concerned about minority.
10 National importance (entry 63 list 1) will not take away minority status
โ Dissentโ
โJustices Surya Kant (partly)
โJustices Dipankar Datta โSC Sharma
1. Surya Kantโ (Partly)
AMU is minority institution will be decided by regular bench, mix question of law and fact
(majority)
๐Point of disagreementโ
โ Reference by 2 judge to 7 is not correct liberal view should be avoided.
โ 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
โ Bench: 7 (4:3) close call ๐ค
โ 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.
โ Issuesโ
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.
๐ญ๐ค Can you mention 3 benefits of being minority institution?
๐ Section 30(1) Constitution All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice๐จโโ๏ธ Majority Judges views
๐ Criteria for determining educational institution's entitlement to minority rights protection U/A 30(1)
1. 'Establish' and 'administer' must be read conjunctivelyโ
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 Constitutionโ
โRetrospective application of Article 30
โ 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)โ
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 Universityโ
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 Constitutionโ
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?
โ It must predominantly (not only) for minority benefit.
โ Trace origin of idea for estb., letter exchanged within community or with state.
โ Trace Steps taken towards implementation, who contributed funds, land, permissions.
8. Not necessary to prove that the administration vests with the minorityโ
โ Adminstered by minority
โ Other community members can also present.
โ 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 institutionโ
โ A. 30(1) does not prohibit.
โ Other community can be concerned about minority.
10 National importance (entry 63 list 1) will not take away minority status
โ Dissentโ
โJustices Surya Kant (partly)
โJustices Dipankar Datta โSC Sharma
1. Surya Kantโ (Partly)
AMU is minority institution will be decided by regular bench, mix question of law and fact
(majority)
๐Point of disagreementโ
โ Reference by 2 judge to 7 is not correct liberal view should be avoided.
โ 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
๐12๐2
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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
https://www.thehindu.com/opinion/op-ed/aadhaar-biometric-data-access-will-aid-forensics/article68833639.ece
The Hindu
Aadhaar biometric data access will aid forensics
There are cases, especially those which involve identifying unknown bodies, where fingerprint data can offer scientific support to an investigation and reinforce the right to a life with dignity
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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
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
www.livelaw.in
Lis Pendens Doctrine Kicks In When Petition Is Filed & Not When Court Issues Notice; It Applies Even If Petition Was In Defectโฆ
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...
๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
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-noticeโฆ
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
#TPA
@CurrentLegalGK
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Forwarded from Keshava
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
https://www.livelaw.in/top-stories/constitution-bench-judgments-of-justice-dy-chandrachud-274755
www.livelaw.in
Constitution Bench Judgments Of Justice DY Chandrachud
The Chief Justice of India Dr. D.Y. Chandrachud was elevated as a judge of the Supreme Court on May 13, 2016, and continued until November 7, 2022. He became the 50th CJI on November 8, 2022, and...
"Bulldozer justice is simply unacceptable under the rule of law. If it were to be permitted the constitutional recognition of the right to property under Article 300A would be reduced to a dead letter,"
Re Manoj Tibrewal Akash, 2024
Re Manoj Tibrewal Akash, 2024
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Justice DY Chandrachud's Judgments On Socio-Economic Justice, Gender Equality, Reproductive Rights, Child Welfare & Disability Rights
https://www.livelaw.in/top-stories/justice-dy-chandrachuds-judgments-on-socio-economic-justice-gender-equality-reproductive-rights-child-welfare-disability-rights-274783
https://www.livelaw.in/top-stories/justice-dy-chandrachuds-judgments-on-socio-economic-justice-gender-equality-reproductive-rights-child-welfare-disability-rights-274783
www.livelaw.in
Justice DY Chandrachud's Judgments On Socio-Economic Justice, Gender Equality, Reproductive Rights, Child Welfare & Disabilityโฆ
Chief Justice of India D.Y. Chandrachud, who is set to demit office on November 10, was involved in some of the most significant judgments during his tenure as a judge. Some of his notable...
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Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digestโ October 2024
https://www.livelaw.in/top-stories/latest-bns-and-bnss-judgments-digest-october-2024-274733
https://www.livelaw.in/top-stories/latest-bns-and-bnss-judgments-digest-october-2024-274733
www.livelaw.in
Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digestโ October 2024
Allahabad High Court:
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