𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’
18.9K subscribers
851 photos
11 videos
1.72K files
3.09K links
πŸ“² Contact β†’ @CurrentLegalGKBOT

☺️ 360° Cases on topics.

Keywords: Civil Judge, MPCJ, UP PSCJ, Haryana ADA, DJS, CBI APP, RJS, JLO, CLAT PG, Supreme Court law clerk, AIBE, IBPS, UGC NET.
_____________
🧠 Daily Quiz β†’ @LegalQuizzes

β³πŸš€ Enjoy Learning!
Download Telegram
𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’
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…
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
πŸ‘5❀‍πŸ”₯2❀1πŸ‘1πŸ‘Œ1
#Tip@CurrentLegalGK

πŸ˜‰ The Issue of repeating issues: Resolved

While reading newspapers, magazines, and current legal issues such as false promises, false rape cases, misleading advertisements, media trials, etc., if you think they are relevant for your exam, read them once and make comprehensive notes. Use any resource, such as a standard book, research paper, YouTube, or notes from any institute, in the first go. After that, don’t try to read the topic again. We have a lot to cover in less time.

But that doesn’t mean you shouldn’t skim through it in case there’s a new development. Don’t read with utmost focus or attention; just give it a glance and move ahead.

Myth resolved: We often think that repetitive reading will make topics stronger, but this is false. The truth is, once you’ve studied a topic/issue, it’s done and dusted.

Filtering out things is a sign of growth.


@CurrentLegalGK
πŸ’―5πŸ‘4❀2πŸ”₯1πŸ‘1πŸ‘Œ1
⭐️An understanding of Autrefois Acquit and Autrefois Convict - iPleaders
https://blog.ipleaders.in/understanding-autrefois-acquit-autrefois-convict/

✍🏻Autrefois Acquit and Autrefois Convict are French terms that mean "previously acquitted" and "previously convicted".They are used in criminal law.
βž–Autrefois acquit
A plea that a defendant has already been acquitted for the same crime and should not be tried again
βž–Autrefois convict
A plea that a defendant has already been convicted for the same crime and should not be tried again

1. Difference between Article 20(2) and Section 300 CrPC
2. https://www.livelaw.in/lawschool/articles/double-jeopardy-india-incomplete-inconsistent-266173


@CurrentLegalGK
πŸ‘3✍1❀‍πŸ”₯1🀩1πŸ‘Œ1
πŸŒŸβœπŸ»π˜Ώπ™€π™˜π™©π™§π™žπ™£π™š 𝙀𝙛 𝙉𝙀𝙣 π™π™§π™–π™«π™šπ™§π™¨π™–π™‘ or
𝙉𝙀𝙣 π™π™§π™–π™«π™šπ™§π™¨π™š π™ͺπ™£π™™π™šπ™§ π™Šπ™§π™™π™šπ™§ 𝙑𝙄𝙄𝙄 𝙍π™ͺπ™‘π™š 5 π˜Ύπ™‹π˜Ύ
https://lawbhoomi.com/doctrine-of-non-traversal-under-order-viii-rule-5-cpc/


πŸ–Š"Doctrine of non-traversal which stands as a legal phrase for β€œif not denied, accepted” is a well settled position of law under Order VIII Rule 5 of the Code of Civil Procedure. It means that where a material averment is passed over without specific denial, it is taken to be admitted."

πŸ–ŠIt is a legal principle that assumes uncontested statements in a legal proceeding are true. It is often used in administrative law, election petitions, and service law disputes. 

πŸ–Šhttps://www.legalserviceindia.com/legal/article-4704-doctrine-of-non-traversal.html#google_vignette

𝐇𝐨𝐰 𝐒𝐭 𝐰𝐨𝐫𝐀𝐬 -

βœ…"When a party doesn't respond to allegations made against them, the court assumes those allegations are true. 
βœ…The doctrine is used to prevent unnecessary issues from being expanded. 
βœ…The doctrine is often applied when there is no reconciliation or study of facts that differ from the pleadings."

@CurrentLegalGK
πŸ‘4⚑2πŸ’―2❀‍πŸ”₯1😍1