#Question@CurrentLegalGK
CAN WRIT BE ISSUED TO QUASH F.I.R., IF NO WHY AND IF YES WHICH WRIT?
@CurrentLegalGK
CAN WRIT BE ISSUED TO QUASH F.I.R., IF NO WHY AND IF YES WHICH WRIT?
@CurrentLegalGK
No Constitutional Court Can Direct Trial Courts To Write Bail Orders In A Particular Manner : Supreme Court
https://www.livelaw.in/top-stories/no-constitutional-court-can-direct-trial-courts-to-write-bail-orders-in-a-particular-manner-supreme-court-278715
https://www.livelaw.in/top-stories/no-constitutional-court-can-direct-trial-courts-to-write-bail-orders-in-a-particular-manner-supreme-court-278715
www.livelaw.in
No Constitutional Court Can Direct Trial Courts To Write Bail Orders In A Particular Manner : Supreme Court
The Supreme Court has expressed disapproval of the directions issued by the Rajasthan High Court that the Trial Courts should incorporate in a tabular chart the criminal antecedents of the accused...
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S.187 BNSS | Police Custody Must Be Within First Forty Days For Offences Punishable Upto 10 Years Imprisonment : Karnataka High Court
https://www.livelaw.in/high-court/karnataka-high-court/karnataka-high-court-section-1873-bnss-police-custody-10-years-maximum-punishment-278798
https://www.livelaw.in/high-court/karnataka-high-court/karnataka-high-court-section-1873-bnss-police-custody-10-years-maximum-punishment-278798
www.livelaw.in
S.187 BNSS | Police Custody Must Be Within First Forty Days For Offences Punishable Upto 10 Years Imprisonment : Karnataka Highβ¦
The Karnataka High Court has held that as per Section 187 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the 15-day police custody must be sought within the first forty days in cases of...
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How Supreme Court, govt have attempted to define importance of religion in SC & OBC reservations π
#caste_reservation #explained_law #express_explained #supreme_court
#caste_reservation #explained_law #express_explained #supreme_court
The Indian Express
How Supreme Court, govt have attempted to define importance of religion in SC & OBC reservations
The recognition of a religious community, such as Muslims, as OBC beneficiaries based on religion has led to contentious debates. Whether Scheduled Caste religious converts are eligible for reservation is another issue that has been challenged in court.
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How Supreme Court, govt have attempted to define importance of religion in SC & OBC reservations π #caste_reservation #explained_law #express_explained #supreme_court
Important commissions and judgments.
1. RELIGIOUS BASIS PE RESERVATION?
2. RESERVATION TO CONVERTS?
1950 ORDER
1. RELIGIOUS BASIS PE RESERVATION?
2. RESERVATION TO CONVERTS?
1950 ORDER
The Constitution on minority rights - The Hindu
https://www.thehindu.com/news/national/the-constitution-on-minority-rights/article68995551.ece
https://www.thehindu.com/news/national/the-constitution-on-minority-rights/article68995551.ece
The Hindu
The Constitution on minority rights
The importance of minority rights in democracy, constitutional provisions, and legal implications explained concisely by a constitutional law expert.
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The Constitution on minority rights - The Hindu https://www.thehindu.com/news/national/the-constitution-on-minority-rights/article68995551.ece
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Recently, a seven judge Bench in Aligarh Muslim University (2024) in unequivocal terms described Article 30 as a βfacet of equality and non-discriminationβ. A nine judge Bench in St. Xavierβs College Society (1974) too had observed that βthe whole object of conferring the right on minorities under Article 30 is to ensure that there will be equality between the majority and the minority. If the minorities do not have such special protection, they will be denied equality.β In Keshavananda Bharati (1973), rights under Article 30 were held to be part of the basic structure which even Parliament cannot change through a constitutional amendment.
#COI@CurrentLegalGK
Important cases dealing with why minorities are given special protection in India.Recently, a seven judge Bench in Aligarh Muslim University (2024) in unequivocal terms described Article 30 as a βfacet of equality and non-discriminationβ. A nine judge Bench in St. Xavierβs College Society (1974) too had observed that βthe whole object of conferring the right on minorities under Article 30 is to ensure that there will be equality between the majority and the minority. If the minorities do not have such special protection, they will be denied equality.β In Keshavananda Bharati (1973), rights under Article 30 were held to be part of the basic structure which even Parliament cannot change through a constitutional amendment.
#COI@CurrentLegalGK
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Entrapment | Indian Evidence Act, 1872 | Law Commission of India Reports | Law Library | AdvocateKhoj
https://www.advocatekhoj.com/library/lawreports/indianevidenceactt/316.php?Title=Indian%20Evidence%20Act,%201872&STitle=Entrapment
#Discernible_Topics@CurrentLegalGK
https://www.advocatekhoj.com/library/lawreports/indianevidenceactt/316.php?Title=Indian%20Evidence%20Act,%201872&STitle=Entrapment
#Discernible_Topics@CurrentLegalGK
Advocatekhoj
Entrapment | Indian Evidence Act, 1872 | Law Commission of India Reports | Law Library | AdvocateKhoj
Entrapment of the act, Indian Evidence Act, 1872.
Brochure-converted.pdf
170.4 KB
Fraud on the constitution
What you cannot do directly cannot do indirectly.
eg. Indefinite ordinance, a non money bill as money bill etc.
@CurrentLegalGK
What you cannot do directly cannot do indirectly.
eg. Indefinite ordinance, a non money bill as money bill etc.
@CurrentLegalGK
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[Attempt To Suicide] Constitutional Validity Of Section 309 IPC And Flip Flops By Supreme Court & Law Commission
https://www.livelaw.in/know-the-law/constitutional-validity-of-section-309-ipc-and-flip-flops-by-supreme-court-law-commission-162860
https://www.livelaw.in/know-the-law/constitutional-validity-of-section-309-ipc-and-flip-flops-by-supreme-court-law-commission-162860
www.livelaw.in
[Attempt To Suicide] Constitutional Validity Of Section 309 IPC And Flip Flops By Supreme Court & Law Commission
World Suicide Prevention Day was observed on 10th September to raise awareness against suicide. Incidentally, the very next day, the Supreme Court bench headed by Chief Justice of India SA Bobde...
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https://www.livelaw.in/news-updates/madras-high-court-hunger-strike-not-attempt-to-suicide-309-ipc-170154
π§ #Question@CurrentLegalGK
Whether Strike is a Fundamental Right? What are the restrictions on this right if any.
Whether Strike is a Fundamental Right? What are the restrictions on this right if any.
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Before his elevation, SC judge D.Y. Chandrachud had flagged Justice Yadavβs RSS, BJP links https://theleaflet.in/leaflet-reports/before-his-elevation-sc-judge-dy-chandrachud-had-flagged-justice-yadavs-rss-bjp-links
The Leaflet
Before his elevation, SC judge D.Y. Chandrachud had flagged Justice Yadavβs RSS, BJP links
ALLAHABAD High Court judge Shekhar Kumar Yadav, in the line of fire for his controversial comments against Muslims and for supporting the Uniform Civil Cod
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#Question@CurrentLegalGK
Which judgment and what did the last CJI had overruled, which belonged to his father.
Which judgment and what did the last CJI had overruled, which belonged to his father.
Supreme Court expands the reach of NIAβs powers: What was the case? π
#explained_law #express_explained #national_investigation_agency_(nia)
#explained_law #express_explained #national_investigation_agency_(nia)
The Indian Express
Supreme Court expands the reach of NIAβs powers: What was the case?
The Supreme Court held that the NIA has the power to investigate offences βconnectedβ to the main Scheduled Offence that is already under investigation β even if the connected offence was committed by a separate person who is not an accused in the Scheduledβ¦
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#Question@CurrentLegalGK Which judgment and what did the last CJI had overruled, which belonged to his father.
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In 1985, a judgment authored by Justice Yeshwant Vishnu Chandrachud, father of Justice Dhananjaya Chandrachud, in Sowmithri Vishnu vs.Union of India had upheld the constitutional validity of the section.This has been overruled by Justice D Y Chandrachud in Joseph Shine v Union of India. [497]
This instance of Justice Chandrachud overruling father's judgment is happening for the second time. The first occasion was in the privacy judgment, when Justice D.Y.Chandrachud held that the judgments rendered by all the four judges including his father constituting the majority in ADM Jabalpur were seriously flawed
KS PUTTASWAMY RATIO-
The judgments rendered by all the four judges constituting the majority in ADM Jabalpur are seriously flawed. Life and personal liberty are inalienable to human existence. These rights are, as recognised in Kesavananda Bharati, primordial rights. They constitute rights under natural law. The right to life being inalienable to each individual, it existed prior to the Constitution and continued in force Under Article 372 of the Constitution. Therefore, ADM Jabalpur must be and is accordingly overruled.
JOSEPH SHINE RATIOβ
The decision in Sowmithri Vishnu dealt with the constitutional challenge by approaching the discourse on the denial of equality in formal, and rather narrow terms. The inarticulate major premise of the judgment is that prosecution for adultery is an effort to protect the stability of marriages and if the legislature has sought to prosecute only a limited class of 'adulterous relationships', its choice could not be questioned. 'Sowmithri Vishnu' fails to deal with the substantive aspects of constitutional jurisprudence which have a bearing on the validity of Section 497 of the act the guarantee of equality as a real protection against arbitrariness,the guarantee of life and personal liberty
as an essential recognition of dignity, autonomy and privacy and above all gender equality as a cornerstone of a truly equal society. For these reasons, Sowmithri Vishnu is overruled.
What did D.Y. Chandrachud Overruled in his father's judgmentIn 1985, a judgment authored by Justice Yeshwant Vishnu Chandrachud, father of Justice Dhananjaya Chandrachud, in Sowmithri Vishnu vs.Union of India had upheld the constitutional validity of the section.This has been overruled by Justice D Y Chandrachud in Joseph Shine v Union of India. [497]
This instance of Justice Chandrachud overruling father's judgment is happening for the second time. The first occasion was in the privacy judgment, when Justice D.Y.Chandrachud held that the judgments rendered by all the four judges including his father constituting the majority in ADM Jabalpur were seriously flawed
KS PUTTASWAMY RATIO-
The judgments rendered by all the four judges constituting the majority in ADM Jabalpur are seriously flawed. Life and personal liberty are inalienable to human existence. These rights are, as recognised in Kesavananda Bharati, primordial rights. They constitute rights under natural law. The right to life being inalienable to each individual, it existed prior to the Constitution and continued in force Under Article 372 of the Constitution. Therefore, ADM Jabalpur must be and is accordingly overruled.
JOSEPH SHINE RATIOβ
The decision in Sowmithri Vishnu dealt with the constitutional challenge by approaching the discourse on the denial of equality in formal, and rather narrow terms. The inarticulate major premise of the judgment is that prosecution for adultery is an effort to protect the stability of marriages and if the legislature has sought to prosecute only a limited class of 'adulterous relationships', its choice could not be questioned. 'Sowmithri Vishnu' fails to deal with the substantive aspects of constitutional jurisprudence which have a bearing on the validity of Section 497 of the act the guarantee of equality as a real protection against arbitrariness,the guarantee of life and personal liberty
as an essential recognition of dignity, autonomy and privacy and above all gender equality as a cornerstone of a truly equal society. For these reasons, Sowmithri Vishnu is overruled.
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