Presumption That Husband Is Father Of Child Born During Marriage Not Displaced Even If Wife Had Relations With Another Man : Supreme Court
https://www.livelaw.in/supreme-court/presumption-that-husband-is-father-of-child-born-during-marriage-not-displaced-even-if-wife-had-relations-with-another-man-supreme-court-282258

Accusing Judge As Corrupt In Open Court, Does It Not Lower Image Of Judiciary?
https://www.livelaw.in/articles/accusing-judge-corrupt-open-court-lower-image-judiciary-282074

Population-Based Delimitation: Resulting In Unequal Representation
https://www.livelaw.in/articles/territorial-representation-system-and-indian-democracy-281980

#Question@CurrentLegalGK

The police file a chargesheet against A for attempting to murder B, and the court frames the charges accordingly. However, when the trial begins, the accused states that the alleged attempt to murder was an act of private defense against sexual assault and produces evidence in support thereof.

Decide the further course of action under BNSS

Pdhlena 2025 rules and the act name and the GK behind it.

pehele kahan unified nahi tha ye zaroor dekhna

Mitigating circumstances: Why RG Kar rape case convict was not given death penalty 🔗
#express_explained #express_premium #west_bengal_rape

Too much important to article and too much important to read the detailed brief of Bachhan singh judgment.


In suo motu proceedings instituted in 2022 (IN RE: Framing Guidelines Regarding Potential Mitigating Circumstances To Be Considered While Imposing Death Sentences), the SC asked whether sentences delivered on the same day as the conviction satisfy the requirement of a meaningful and effective hearing.

@CurrentLegalGK

An Unavoidable Conundrum in Section 360 Of BNSS [Withdrawal From Prosecution]
https://www.livelaw.in/articles/withdrawal-from-prosecution-section-360-bnss-vs-section-321-crpc-282388

'Live-In Relationships Must Be Registered With Govt Authority Till Law Is Formulated To Govern Them': Rajasthan High Court
https://www.livelaw.in/high-court/rajasthan-high-court/rajasthan-high-court-registration-of-live-in-relationships-government-competent-authority-282380

✨ The Res Integra

"Whether a married person living with an unmarried
person, without dissolution of his/her marriage or/and
whether two married persons with two different marriages living in live-in-relationship, without dissolution of their marriages, are entitled to get protection order from the Court ?"

Let the matter be placed before Hon'ble the Chief Justice on the administrative side for constitution of Special/Larger Bench to answer the aforesaid question, referred by this Court.

Live in relationship formalisation is now increasingwill it get the status of marriage? if yes then why to recognice it

@CurrentLegalGK

Observations made by the Supreme Court in a judgment
https://www.barandbench.com/columns/observations-made-by-the-supreme-court-in-a-judgment-binding-or-not

read with
https://t.me/CurrentLegalGK/4706

Also Which law says that even the picture dicta of supreme court is binding on all courts exercising itself.

#Question@CurrentLegalGK

[Section 223 BNSS] Notice Should Not Be Issued To Prospective Accused Before Taking Cognizance Of Offence: Kerala High Court
https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-section-223-cognizance-offence-magistrate-hearing-accused-282428

Capital Punishment An Exception; Even In Cases Of Multiple Murders, Avoid Death Sentence If There's Possibility Of Reform : Supreme Court
https://www.livelaw.in/supreme-court/capital-punishment-an-exception-even-in-cases-of-multiple-murders-avoid-death-sentence-if-theres-possibility-of-reform-supreme-court-282400

Sixty Days or Ninety Days -- The Confusion Continues
https://www.livelaw.in/top-stories/right-to-default-bail-under-bharatiya-nagarik-suraksha-sanhita-282457

This is just an article for critical analysis of this judgement.

you can see the post for judgment to get clarity
https://t.me/CurrentLegalGK/4640

'Not Everything Said In A Judgment Constitutes A Precedent' : Supreme Court Explains Distinction Between Obiter Dicta & Ratio Decidendi
https://www.livelaw.in/supreme-court/supreme-court-obiter-dicta-ratio-decidendi-distinction-career-institute-educational-society-vs-om-shree-thakurji-educational-society-227739

Ratio decidendi v obiter dicta Explained


1. “The inversion test” (Effect of removing that law point) to identify what is ratio decidendi in a judgment. To test whether a particular proposition of law is to be treated as the ratio decidendi of the case, the proposition is to be inversed, i.e. to remove from the text of the judgment as if it did not exist. If the conclusion of the case would still have been the same even without examining the proposition, then it cannot be regarded as the ratio decidendi of the case.

2. Fact and conclusions not precedent-
It is not the findings of material facts, direct and inferential, but the statements of the principles of law applicable to the legal problems disclosed by the facts, which is the vital element in the decision and operates as a precedent. Even the conclusion does not operate as a precedent, albeit operates as res judicata. Thus, it is not everything said by a Judge when giving judgment that constitutes a precedent. The only thing in a Judge's decision binding as a legal precedent is the principle upon which the case is decided and, for this reason, it is important to analyse a decision and isolate from it the obiter dicta

@CurrentLegalGK