ssrn-4278397.pdf
316.9 KB
๐โ๐ป ๐๐จ๐๐ ๐จ๐ ๐๐ข๐ฏ๐ข๐ฅ ๐๐ซ๐จ๐๐๐๐ฎ๐ซ๐, ๐๐ซ๐ข๐ง๐๐ข๐ฉ๐ฅ๐๐ฌ ๐จ๐ ๐๐๐ญ๐ฎ๐ซ๐๐ฅ ๐๐ฎ๐ฌ๐ญ๐ข๐๐ ๐๐ง๐ ๐
๐ฎ๐ง๐๐๐ฆ๐๐ง๐ญ๐๐ฅ ๐๐ข๐ ๐ก๐ญ๐ฌ ๐ข๐ง ๐ญ๐ก๐ ๐๐จ๐ง๐ญ๐๐ฑ๐ญ ๐จ๐ ๐๐ฉ๐๐๐ข๐๐ฅ ๐๐ญ๐๐ญ๐ฎ๐ญ๐๐ฌ.
@CurrentLegalGK
@CurrentLegalGK
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Fake Cops, Real Crimes: The Rise Of Impersonation In Law Enforcement
https://www.livelaw.in/articles/fake-police-stations-digital-arrest-and-financial-scam-280993
https://www.livelaw.in/articles/fake-police-stations-digital-arrest-and-financial-scam-280993
www.livelaw.in
Fake Cops, Real Crimes: The Rise Of Impersonation In Law Enforcement
The alarming rise in impersonation crimes, including the establishment of fake police stations, highlights a significant gap in our regulatory framework. Reports reveal cases where individuals pose...
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ssrn-2154881.pdf
392 KB
๐โ๐ป๐ฟ๐ค๐๐ฉ๐ง๐๐ฃ๐ ๐ค๐ ๐พ๐๐จ๐ช๐จ ๐๐ข๐๐จ๐จ๐ช๐จ
Casus omissus finds its origin in the Latin Maxim โcasus omissus pro omisso habendus estโ that means that a case omitted is to be held as intentionally omitted. Casus omissus, literally means "๐๐๐ฌ๐ ๐จ๐ฆ๐ข๐ญ๐ญ๐๐".
"โ๏ธWhen a statute or contract does not cover a situation, the doctrine of casus omissus states that the courts should interpret the law based on the facts of the case.
โ๏ธThe doctrine of casus omissus is a canon of construction, which means that courts create principles for interpreting statutes.
( Interpretation of Statutes )
โ๏ธThe doctrine of casus omissus ensures that the legislature is responsible for creating laws.
โ๏ธThe doctrine of casus omissus reflects the tension between the courts and the legislature."
@CurrentLegalGK
Casus omissus finds its origin in the Latin Maxim โcasus omissus pro omisso habendus estโ that means that a case omitted is to be held as intentionally omitted. Casus omissus, literally means "๐๐๐ฌ๐ ๐จ๐ฆ๐ข๐ญ๐ญ๐๐".
"โ๏ธWhen a statute or contract does not cover a situation, the doctrine of casus omissus states that the courts should interpret the law based on the facts of the case.
โ๏ธThe doctrine of casus omissus is a canon of construction, which means that courts create principles for interpreting statutes.
( Interpretation of Statutes )
โ๏ธThe doctrine of casus omissus ensures that the legislature is responsible for creating laws.
โ๏ธThe doctrine of casus omissus reflects the tension between the courts and the legislature."
@CurrentLegalGK
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โจโจ #Tip@CurrentLegalGK
One of the benefit of reading facts (detailed or brief) is that the case may be used in several other topics as the facts of a case are very wide they deal with various combination of laws.
Can you give any examples? if yes then you are somewhere ready.
One of the benefit of reading facts (detailed or brief) is that the case may be used in several other topics as the facts of a case are very wide they deal with various combination of laws.
Can you give any examples? if yes then you are somewhere ready.
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#Question@CurrentLegalGK
Explain the concept of judicial review of executive action with the help of precedents.
@CurrentLegalGK
Explain the concept of judicial review of executive action with the help of precedents.
@CurrentLegalGK
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Order II Rule 2 CPC Doesn't Mean Different Causes Of Action From Same Transaction Must Be Included In Single Suit : Supreme Court
https://www.livelaw.in/supreme-court/order-ii-rule-2-cpc-doesnt-mean-different-causes-of-action-from-same-transaction-must-be-included-in-single-suit-supreme-court-281155
https://www.livelaw.in/supreme-court/order-ii-rule-2-cpc-doesnt-mean-different-causes-of-action-from-same-transaction-must-be-included-in-single-suit-supreme-court-281155
www.livelaw.in
Order II Rule 2 CPC Doesn't Mean Different Causes Of Action From Same Transaction Must Be Included In Single Suit : Supreme Court
The Supreme Court noted that while Order II Rule 2 of the CPC mandates including the entire claim arising from the same cause of action in one suit, it should not be misconstrued to require...
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[Self-Incrimination] Company Cannot Seek Protection Under Article 20(3) Of Constitution Without Satisfying Its Ingredients: P&H High Court
https://www.livelaw.in/high-court/punjab-and-haryana-high-court/punjab-haryana-high-court-company-cannot-seek-protection-art-203-without-satisfying-ingredients-when-document-necessary-to-adjudicate-matter-is-summoned-281191
https://www.livelaw.in/high-court/punjab-and-haryana-high-court/punjab-haryana-high-court-company-cannot-seek-protection-art-203-without-satisfying-ingredients-when-document-necessary-to-adjudicate-matter-is-summoned-281191
www.livelaw.in
[Self-Incrimination] Company Cannot Seek Protection Under Article 20(3) Of Constitution Without Satisfying Its Ingredients: P&Hโฆ
The Punjab & Haryana High Court has made it clear that a company cannot refuse to produce a summoned document by seeking protection of Article 20(3) of the constitution, without satisfying its...
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๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
[Self-Incrimination] Company Cannot Seek Protection Under Article 20(3) Of Constitution Without Satisfying Its Ingredients: P&H High Court https://www.livelaw.in/high-court/punjab-and-haryana-high-court/punjab-haryana-high-court-company-cannot-seek-protectionโฆ
Justice N.S Shekhawat explained that, โconsidering the Article 20(3) of the Constitution of India, the protection against self incrimination would come to the rescue of a person only when these three ingredients are satisfied,
(a) accusation of an offence against such person
(b) compulsion to provide evidence and
(c) giving out self incriminating material, relating to accusations levelled against him, either in the form of oral testimony or in the form of a statement recorded or in the form of document produced.โ
@CurrentLegalGK
(a) accusation of an offence against such person
(b) compulsion to provide evidence and
(c) giving out self incriminating material, relating to accusations levelled against him, either in the form of oral testimony or in the form of a statement recorded or in the form of document produced.โ
@CurrentLegalGK
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Handcuffing: Necessity Or Violation Of Rights?
https://www.livelaw.in/articles/arrested-person-handcuffing-violation-of-fundamental-rights-supreme-court-judgments-280994
https://www.livelaw.in/articles/arrested-person-handcuffing-violation-of-fundamental-rights-supreme-court-judgments-280994
www.livelaw.in
Handcuffing: Necessity Or Violation Of Rights?
โHandcuffing is prima facie inhuman and, therefore, unreasonable; it should be the last resort, not the first reflex." - Justice Krishna IyerAny popular media representation of arrest is perhaps...
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๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
Handcuffing: Necessity Or Violation Of Rights? https://www.livelaw.in/articles/arrested-person-handcuffing-violation-of-fundamental-rights-supreme-court-judgments-280994
โ๏ธ๐๐#Quotes_@CurrentLegalGK
โHandcuffing is prima facie inhuman and, therefore, unreasonable; it should be the last resort, not the first reflex." -
~ Justice Krishna Iyer
โHandcuffing is prima facie inhuman and, therefore, unreasonable; it should be the last resort, not the first reflex." -
~ Justice Krishna Iyer
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S. 54 TPA | Possession Of Property Under Agreement To Sell Doesn't Grant Ownership; Registration Required: Supreme Court
https://www.livelaw.in/supreme-court/supreme-court-property-ownership-registration-agreement-to-sell-281269
https://www.livelaw.in/supreme-court/supreme-court-property-ownership-registration-agreement-to-sell-281269
www.livelaw.in
S. 54 TPA | Possession Of Property Under Agreement To Sell Doesn't Grant Ownership; Registration Required: Supreme Court
The Supreme Court has reaffirmed that mere possession of a property under an agreement to sell does not confer ownership unless a sale deed is duly registered under the Indian Registration Act, 1908.
Drafting-Pleadings-and-Conveyancing.pdf
884.6 KB
Drafting Pleading and Conveyancing.
See the drafts of Civil criminal pleadings such as Plaint, complaint, bail etc. as well as Agreement to sell and Sale deed.
To get a fair idea of how practically the law is applied because 1st step for a practical lawyer is to learn to draft as per the law and a law student to imagine how practical world works and to understand the concept in interesting way then it is a good method.
Reading Writs under constituion then go through these drafts after reading the concept and find out what what law points are applied and what aren't.
@CurrentLegalGK
See the drafts of Civil criminal pleadings such as Plaint, complaint, bail etc. as well as Agreement to sell and Sale deed.
To get a fair idea of how practically the law is applied because 1st step for a practical lawyer is to learn to draft as per the law and a law student to imagine how practical world works and to understand the concept in interesting way then it is a good method.
Reading Writs under constituion then go through these drafts after reading the concept and find out what what law points are applied and what aren't.
@CurrentLegalGK
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๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
https://www.verdictum.in/court-updates/supreme-court/khalsa-university-v-the-state-of-punjab-2024-insc-751-arbitrariness-article-14-1553530?utm_source=chatgpt.com
The two-Judge Bench comprising Justice B.R. Gavai and Justice K.V. Viswanathan observed, โIt can thus be seen that in the said case, it was held that the test of manifest arbitrariness as laid down by this Court in various judgments would also apply to invalidate legislation as well as subordinate legislation under Article 14. It was held that manifest arbitrariness must be something done by the legislature capriciously, irrationally and/or without adequate determining principle. It further goes on to hold that when something is done which is excessive and disproportionate, such a legislation would be manifestly arbitrary.
@CurrentLegalGK
@CurrentLegalGK
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Canโt Declare HC Judgment As Illegal Under Article 32 Of Constitution; If Petitioners Haven't Been Heard, They Can Either File Recall Application Before HC Or SLP: SC
https://www.verdictum.in/court-updates/supreme-court/vimal-babu-dhumadiya-ors-v-the-state-of-maharashtra-ors-2025-insc-77-article-32-constitution-article-136-recall-application-1565090
https://www.verdictum.in/court-updates/supreme-court/vimal-babu-dhumadiya-ors-v-the-state-of-maharashtra-ors-2025-insc-77-article-32-constitution-article-136-recall-application-1565090
www.verdictum.in
Canโt Declare HC Judgment As Illegal Under Article 32 Of Constitution; If Petitioners Haven't Been Heard, They Can Either Fileโฆ
The Supreme Court was considering a Petition filed by the Petitioners under Article 32 of the Constitution seeking a declaration that the judgment of the Bombay High Court was illegal.
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๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
Canโt Declare HC Judgment As Illegal Under Article 32 Of Constitution; If Petitioners Haven't Been Heard, They Can Either File Recall Application Before HC Or SLP: SC https://www.verdictum.in/court-updates/supreme-court/vimal-babu-dhumadiya-ors-v-the-stateโฆ
In our considered opinion, under Article 32 of the Constitution, the judgment of the Division Bench of the High Court of Judicature at Bombay cannot be declared as illegalโ, the Bench held. It was further explained by the Bench that if the petitioners have not been heard and are affected by the said judgment, the remedy available to them is to either file a petition/application for recall of the said judgment or a petition under Article 136 of the Constitution before the Apex Court.
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Conditions To Invoke S. 53A Transfer Of Property Act : Supreme Court Explains
https://www.livelaw.in/supreme-court/conditions-to-invoke-s-53a-transfer-of-property-act-supreme-court-explains-279281
https://www.livelaw.in/supreme-court/conditions-to-invoke-s-53a-transfer-of-property-act-supreme-court-explains-279281
www.livelaw.in
Conditions To Invoke S. 53A Transfer Of Property Act : Supreme Court Explains
The Supreme Court recently observed that the transferee cannot claim protection under Section 53-A of the Transfer of Property Act, 1882 (โTPAโ) if he fails to prove the execution of a sale...
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๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
Conditions To Invoke S. 53A Transfer Of Property Act : Supreme Court Explains https://www.livelaw.in/supreme-court/conditions-to-invoke-s-53a-transfer-of-property-act-supreme-court-explains-279281
Section 53A of TPA acts as a shield for the prospective transferee who is holding possession of the immovable property under a contract of sale, that is not formally executed (not registered). The provision puts an obligation on the transferor to not enforce the contract against the transferee when the transferee has acted in accordance with the written agreement.
โSection 53-A of the Transfer of Property Act was inserted partly to set at rest the conflict of views in this country, but principally for the protection of ignorant transferees who take possession or spend money in improvements relying on documents which are ineffective as transfers or on contracts which cannot be proved for want of registration. The effect of this section, is to relax the strict provisions of the Transfer of Property Act and the Registration Act in favour of transferees in order to allow the defence of part performance to be established.โ, the court observed.
GIRIYAPPA v. KAMALAMMA, 2024
#Object_of_law@CurrentLegalGK
โSection 53-A of the Transfer of Property Act was inserted partly to set at rest the conflict of views in this country, but principally for the protection of ignorant transferees who take possession or spend money in improvements relying on documents which are ineffective as transfers or on contracts which cannot be proved for want of registration. The effect of this section, is to relax the strict provisions of the Transfer of Property Act and the Registration Act in favour of transferees in order to allow the defence of part performance to be established.โ, the court observed.
GIRIYAPPA v. KAMALAMMA, 2024
#Object_of_law@CurrentLegalGK
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9 Right of Senior Citizens_compressed.pdf
5.2 MB
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