#MCQ@CurrentLegalGK

A violent altercation resulted in a death. The police filed an FIR charging five individuals but dropped two with a closure report. During the trial, a witness implicated the dropped individuals, leading the court to summon them as additional accused under Section 319 CrPC. The individuals argued they couldn't be summoned due to the closure report.
Which of the following is the most accurate statement regarding the trial court's power to summon additional accused under Section 319 of the CrPC, based on the facts provided?

a. The trial court can summon any person as an additional accused only if they were initially named in the FIR and included in the chargesheet.
b. The trial court can summon an individual as an additional accused, even if they were exonerated by the police, provided that new evidence surfaced during the trial.
c. The trial court is bound to follow the police's closure report and cannot summon any additional accused after it has been filed.
d. The trial court can only summon an individual as an additional accused if the prosecution has submitted a protest petition requesting it

✨ OMI @ OMKAR RATHORE
v.
STATE OF MADHYA PRADESH, 2025
Explanation: The Supreme Court observed that Section 319 of the CrPC gives the trial court the discretion to summon any person as an additional accused if, during the trial, evidence is adduced that implicates them, even if they were exonerated by the police or were not included in the charge sheet. The trial court is not bound by the police investigation or closure report and can exercise its discretion to summon additional accused based on trial evidence, the Court said.

Alleged liquor scam in Chhattisgarh: what the investigation has found 🔗
#express_explained

RG KAR RAPE CASE SENTENCE

See the Sections application, default of fine, compensation, how judge orders for compensation and will it run concurrently or consequetively

@CurrentLegalGK

Now those who are saying justice is not done death penalty must be the only option, we I don't know whether death penalty should have been imposed on him or not however what I know is that this case was tried expeditiously and was given priority and if you see other similar cases with no limelight are still pending.

SC took suo motu, Authority ke dar se sub kuch possible hai.

Justice delayed is justice denied is not just because of infrastrucutre but also because of the will of pillars of the criminal justice system, if they have that zeal they can provide justice fairly and speedily as much they can.

Read the Order it is based on new criminal laws.

P.S. I have no sympathy with convict but with victim and society at large.

Rape & Murder - Speedy Justice: Challenges Before Judiciary & Society
https://www.livelaw.in/columns/rape-murder--speedy-justice-challenges-before-judiciary-society-150542

In Shambhunath Singh (2001 (4) SCC 667), the Supreme Court of India has noted with great amount of dissatisfaction that the mandate of section 309 CrPC has been ignored by the trial courts and this has been a common practice in regular occurrence that the trial courts flout the said command with impunity. The Supreme Court of India held that the presiding officers of the each court need to chalk out methods to comply with legislative mandate of Section 309 of Cr.P.C

Pros- Read Above article it has good amount of rich content.

Cons- Old law based, must refer new sections and changes (if any)

#Essay@CurrentLegalGK

BNSS Gives Wider Protection To Accused Of Unsound Mind Or Intellectual Disability, Will Apply Retrospectively: Kerala High Court
https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-protection-alzheimers-dementia-bnss-apply-retrospectively-persons-intellectual-disability-unsound-mind-268803

“As I discussed above, Chapter XXVII of the Sanhita has given wider protection to a person of unsound mind or a person suffering from intellectual disability. where  two persons suffering from a mental disability or intellectual disability are dealt with differently, one under the Code, and the other under the Sanhita, it amounts to a violation of Article 14 of the Constitution. Among equals, the law should be equal and equally administered and should be treated alike. The guarantee of 'equal protection' under Article 14 is a guarantee of equal treatment of persons in 'equal circumstances'. To preserve the fundamental right of an individual, the provisions of the Sanhita can be extended retrospectively to any proceedings initiated prior to 1.7.2024.

Credits: Shelja S

Case: V.I. Thankappan v State of Kerala, 2024, Kerala HC

✍🏻𝗦𝗲𝗰𝘁𝗶𝗼𝗻 𝟯 𝗼𝗳 𝗧𝗿𝗮𝗻𝘀𝗳𝗲𝗿 𝗼𝗳 𝗣𝗿𝗼𝗽𝗲𝗿𝘁𝘆 𝗔𝗰𝘁,𝟭𝟴𝟴𝟮 & "𝗗𝗼𝗰𝘁𝗿𝗶𝗻𝗲 𝗼𝗳 𝗙𝗶𝘅𝘁𝘂𝗿𝗲𝘀"

🏕"The law on fixtures in India deals with when personal property attached to land becomes part of the land. It's based on the doctrine of fixtures, which is a legal principle that determines whether a movable property (chattel) becomes immovable property. 

𝐈𝐦𝐩𝐨𝐫𝐭𝐚𝐧𝐜𝐞 𝐨𝐟 𝐭𝐡𝐞 𝐝𝐨𝐜𝐭𝐫𝐢𝐧𝐞 𝐨𝐟 𝐅𝐢𝐱𝐭𝐮𝐫𝐞𝐬-
The doctrine of fixtures is important in property law because it affects ownership rights, real estate transactions, and how property is treated in legal contexts like leases, sales, and inheritance."

Also Read -
https://lawbhoomi.com/doctrine-of-fixtures/

@CurrentLegalGK

Artwork in the Constitution — Myriad Interpretations | NewsClick
https://www.newsclick.in/artwork-constitution-myriad-interpretations

See the illustrations drawing and paintings by nandlal bose
https://t.me/CurrentLegalGK/244

If I were to test the interest/understanding of fundamentals of law students in Constitution of India then I would have definitely asked an essay on the Interpretation of Illustrations in constitution in their langauge.

@CurrentLegalGK

Understanding the Mareva Injunction - ShankarlalRaheja
https://shankarlalraheja.com/understanding-the-mareva-injunction/

Spotlight: IP rights enforcement in India - Lexology
https://www.lexology.com/library/detail.aspx?g=88c9a312-49e5-462e-b6cb-43219f76c81e

Some Unique Remedies in IPR
Includes Types of Injunctions:

1. Anton Pillar Orders
2. John doe/Ashok kumar orders
3. Dynamic Injunction
4. Mareva injunction
5. Norwich pharmacal order.
6. Anti suit injuction.
7. Criminal Injunction (161 BNSS)
8. Superlative Injunction.
9. Anti-Anti suit injunction.
10. Anti enforcement Injunction.
11. Anti Arbitration Injunction
12. Quia timet action.

Share the related CPC ORDERs 👇

@CurrentLegalGK

👨‍🎓 General Principles relating to Order 2 Rule 2 and rejection of plain under Order 7 Rule 11, which can mentioned in your notes.

https://www.verdictum.in/court-updates/supreme-court/cuddalore-powergen-corporation-ltd-v-chemplast-cuddalore-vinyls-limited-2025-insc-73-order-ii-rule-2-cpc-1564928

Hindi and the Constitution: First among the equals
https://www.barandbench.com/columns/hindi-and-the-constitution-first-among-the-equals

Suit For Specific Performance Doesn't End With Passing Of Decree; Court Retains Power To Annul Decree Or Extend Time : Supreme Court
https://www.livelaw.in/supreme-court/supreme-court-judgment-suit-for-specific-performance-section-28-specific-relief-act-281603

Sardar Mohar Singh v. Mangilal, (1997)  Therein, it was observed that the Court does not lose its jurisdiction after the grant of decree for specific performance. Further, Section 28 indicates that till the execution of a decree, the Trial Court retains its power to deal with the decree of specific performance.

Maxim: Functus Officio/ Coram Non judice is partially not applicable here.

@CurrentLegalGK

The Court acknowledged that various High Courts and the Supreme Court have delivered conflicting judgments, and the issue remains res integra. The relevant question is as follows:
Can there be a decree stating that if the plaintiff fails to deposit the balance sale consideration within the stipulated time, the suit shall automatically stand dismissed? If such a decree exists, does the concerned court become functus officio?
This question, however, was not answered in the judgment.

My Question:
Even procedural rights are rights, and in cases involving substantive rights, if a person belonging to a different High Court jurisdiction with conflicting views is deprived of their rights due to the nature of such judgments, while another High Court provides relief in a similar scenario, it highlights the need for a unified judicial approach.

In a system where the apex court sits at the top of a triangular integrated judiciary, it is imperative to resolve such legal lacunae. The judiciary must take proactive steps to address these ambiguities. In cases where the opportunity arises to decide such issues, the courts should either provide clarity or refer the matter to a larger bench capable of resolving these residual issues that may arise in the future.

Courts cannot simply wait for appeals to make their way through the system, especially given the prolonged time it takes for cases to progress from the district level to the apex level. The resulting hardship for litigants, particularly in the civil justice system, is immense due to delays in final case disposal. When unresolved legal issues compound this difficulty, they cause even greater confusion and distress. It is far better to settle the law proactively than to allow chaos to persist.

@CurrentLegalGK