π2β‘1
[Section 223 BNSS] Notice Of Hearing Can Be Issued To Prospective Accused Only After Examining Complainant And Witnesses: Kerala High Court
https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-bnss-section-223-cognizance-offence-magistrate-hearing-accused-282428
https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-bnss-section-223-cognizance-offence-magistrate-hearing-accused-282428
www.livelaw.in
[Section 223 BNSS] Notice Of Hearing Can Be Issued To Prospective Accused Only After Examining Complainant And Witnesses: Keralaβ¦
The Kerala High Court has clarified that before issuing notice to an accused named in
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
[Section 223 BNSS] Notice Of Hearing Can Be Issued To Prospective Accused Only After Examining Complainant And Witnesses: Kerala High Court https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-bnss-section-223-cognizance-offence-magistrateβ¦
π¨ββοΈ
Court stated that hearing of accused is made mandatory under Section 223 (1) of the BNSS so that the Magistrate could decide whether or not to take cognizance. It said, π βPresumably, the purpose behind the proviso is to provide an opportunity to the Magistrate to assimilate the correct facts, for deciding whether or not to take cognizance of the offence.β
π€ Term Cognizance not defined, apex court decision relied upon S.K.Sinha, Chief Enforcement Officer v. Videocon International Ltd. and Others (2008),
the Court stated that taking cognisance of an offence occurs when Magistrate takes judicial notice of an offence for initiating proceedings. It stated that once cognizance of an offence is taken, then the Magistrate has to decide whether to issue process to the accused or not.
β¨ Case:
Suby Antony v R1 (Deleted), 2025
β¨ 223 BNSS
Nothing New only purpose of 223 1st proviso is mentionedCourt stated that hearing of accused is made mandatory under Section 223 (1) of the BNSS so that the Magistrate could decide whether or not to take cognizance. It said, π βPresumably, the purpose behind the proviso is to provide an opportunity to the Magistrate to assimilate the correct facts, for deciding whether or not to take cognizance of the offence.β
π€ Term Cognizance not defined, apex court decision relied upon S.K.Sinha, Chief Enforcement Officer v. Videocon International Ltd. and Others (2008),
the Court stated that taking cognisance of an offence occurs when Magistrate takes judicial notice of an offence for initiating proceedings. It stated that once cognizance of an offence is taken, then the Magistrate has to decide whether to issue process to the accused or not.
β¨ Case:
Suby Antony v R1 (Deleted), 2025
β¨ 223 BNSS
Explained| Ad Hoc Judges In High Courts : Procedure For Appointment & Tenure
https://www.livelaw.in/top-stories/explained-ad-hoc-judges-in-high-courts-procedure-for-appointment-tenure-282507
https://www.livelaw.in/top-stories/explained-ad-hoc-judges-in-high-courts-procedure-for-appointment-tenure-282507
www.livelaw.in
Explained| Ad Hoc Judges In High Courts : Procedure For Appointment & Tenure
To tackle the mounting pendency of criminal appeals, the Supreme Court in a significant order today (January 30) relaxed the conditions of appointment of ad hoc judges in High Courts. The Court...
π2π1
This MEMO is the detailed process for appointment of Supreme court and High court judges.
β¨ Case: Lok Prahari through its General Secretary V N Shukla IAS (Retd) vs Union of India 2021
Memorandum of procedure of appointment of Supreme Court Judges | Department of Justice | India
https://doj.gov.in/memorandum-of-procedure-of-appointment-of-supreme-court-judges/
High Court
https://doj.gov.in/memorandum-of-procedure-of-appointment-of-high-court-judges/
β¨β¨ Steps Involved in Procedure (not a law)
Supreme Court collegium is not involved in the appointment of ad hoc judges.
The Chief Justice of the concerned High Court
1. Takes consent of the retired judge.
2. CJ then informs the Chief Minister of the State about the recommended name and period of appointment.
3. the Chief Minister forwards the recommendation to the Governor
4. Governor communicates the same to the Union Minister of Law and Justice;
5. The Union Law Minister in turn consults the CJI for his advise.
6. Advice and recommendation are then sent to the Prime Minister who renders advice to the President of India.
7. Recommendations are confirmed upon the official consent of the President.
8. Followed by official notification in the Gazette of India by the Chief Minister of the State.
β¨ Under What Circumstances 224A is invoked? Same 2021 lok prahari case
a. If the vacancies are more than 20% of the sanctioned strength. (not a basis now)
b. The cases in a particular category are pending for over five years.
c. More than 10% of the backlog of pending cases are over five years old.
d. The percentage of the rate of disposal is lower than the institution of the cases either in a particular subject matter or generally in the Court.
e. Even if there are not many old cases pending, but depending on the jurisdiction, a situation of mounting arrears is likely to arise if the rate of disposal is consistently lower than the rate of filing over a period of a year or more.
β¨β¨ Recent Order (law under article 141, you can mention them but not Memorandum of appointment also aforesaid point (b) to (e) are also law under 2021 case)
1. However, as per the today's order of the bench led by CJI Sanjiv Khanna, condition (a) has been kept in abeyance.
2. Total 2-5 Judges can be appointed but shall not exceed 10% of total strength.
3. Salary same as permanent judges.
β¨ Summaryβ
β Memorandum of procedure was 1st made in 1999 and evolved as per all 3 judges case.
β Lok Prahari through its general secretary VN shukla v. UoI, 2021 Elaborative guidelines on appointment which is a law on 224A.
β 2025 Order relaxing 20% vacancy rule (a) of lok prahari.
@CurrentLegalGK
It has No force of Law because of an adminstrative decision
β¨ Case: Lok Prahari through its General Secretary V N Shukla IAS (Retd) vs Union of India 2021
Memorandum of procedure of appointment of Supreme Court Judges | Department of Justice | India
https://doj.gov.in/memorandum-of-procedure-of-appointment-of-supreme-court-judges/
High Court
https://doj.gov.in/memorandum-of-procedure-of-appointment-of-high-court-judges/
β¨β¨ Steps Involved in Procedure (not a law)
Supreme Court collegium is not involved in the appointment of ad hoc judges.
The Chief Justice of the concerned High Court
1. Takes consent of the retired judge.
2. CJ then informs the Chief Minister of the State about the recommended name and period of appointment.
3. the Chief Minister forwards the recommendation to the Governor
4. Governor communicates the same to the Union Minister of Law and Justice;
5. The Union Law Minister in turn consults the CJI for his advise.
6. Advice and recommendation are then sent to the Prime Minister who renders advice to the President of India.
7. Recommendations are confirmed upon the official consent of the President.
8. Followed by official notification in the Gazette of India by the Chief Minister of the State.
β¨ Under What Circumstances 224A is invoked? Same 2021 lok prahari case
b. The cases in a particular category are pending for over five years.
c. More than 10% of the backlog of pending cases are over five years old.
d. The percentage of the rate of disposal is lower than the institution of the cases either in a particular subject matter or generally in the Court.
e. Even if there are not many old cases pending, but depending on the jurisdiction, a situation of mounting arrears is likely to arise if the rate of disposal is consistently lower than the rate of filing over a period of a year or more.
β¨β¨ Recent Order (law under article 141, you can mention them but not Memorandum of appointment also aforesaid point (b) to (e) are also law under 2021 case)
1. However, as per the today's order of the bench led by CJI Sanjiv Khanna, condition (a) has been kept in abeyance.
2. Total 2-5 Judges can be appointed but shall not exceed 10% of total strength.
3. Salary same as permanent judges.
β¨ Summaryβ
β Memorandum of procedure was 1st made in 1999 and evolved as per all 3 judges case.
β Lok Prahari through its general secretary VN shukla v. UoI, 2021 Elaborative guidelines on appointment which is a law on 224A.
β 2025 Order relaxing 20% vacancy rule (a) of lok prahari.
@CurrentLegalGK
π6π2π1
Prison Reforms SC .pdf
8.9 MB
β¨ Prison Reforms SC
Complete material for an Essay, knowledge of current situation.
@CurrentLegalGK
Complete material for an Essay, knowledge of current situation.
@CurrentLegalGK
π3π3
Offence not committed in βpublic viewβ: Why Bombay HC quashed SC/ST Act case π
#explained_law #express_explained #sc/st #scheduled_castes_and_scheduled_tribes_(prevention_of_atrocities_act)
#explained_law #express_explained #sc/st #scheduled_castes_and_scheduled_tribes_(prevention_of_atrocities_act)
Express Explained
Offence not committed in βpublic viewβ: Why Bombay HC quashed SC/ST Act case
The court held that a βmere insult or intimidation with a view to humiliateβ does not comprise an offence. While the incident βneed not be in a public place, it has to be in public viewβ, the court said
β3π―1
THE MAJORITY ACT, 1875 (1999 amend).pdf
96.5 KB
THE MAJORITY ACT, 1875 (as on 1999 amendment)
1. The word "Indian" Removed.
2. The age is only 18 years, no 21/18.
3. Important Amendment of 1999.
Is a general law applicable everywhere.
β New Section 3
3. Age of majority of persons domiciled in India.β
(1) Every person domiciled in India shall attain the age of majority on his completing the age of eighteen years and not before.
(2) In computing the age of any person, the day on which he was born is to be included as a whole day and he shall be deemed to have attained majority at the beginning of the eighteenth anniversary of
that day
β Old Section 3
1. Contained 2 Ages
2. Mentioning of Guardian and succession acts.
3. No clarification whether the day on which he/she born will be counted or not.
ππ¬ Examples where this can be usedβ
A. Section 7 of Transfer of property act
B. Section 11 of Transfer of property act
C,D.... Mention below π
@CurrentLegalGK
1. The word "Indian" Removed.
2. The age is only 18 years, no 21/18.
3. Important Amendment of 1999.
Is a general law applicable everywhere.
β New Section 3
3. Age of majority of persons domiciled in India.β
(1) Every person domiciled in India shall attain the age of majority on his completing the age of eighteen years and not before.
(2) In computing the age of any person, the day on which he was born is to be included as a whole day and he shall be deemed to have attained majority at the beginning of the eighteenth anniversary of
that day
β Old Section 3
1. Contained 2 Ages
2. Mentioning of Guardian and succession acts.
3. No clarification whether the day on which he/she born will be counted or not.
ππ¬ Examples where this can be usedβ
A. Section 7 of Transfer of property act
B. Section 11 of Transfer of property act
C,D.... Mention below π
@CurrentLegalGK
β‘3β2π1π1π―1
Doosro ki zindgi ka nyaay apne hath me chahiye? RAJA/ RANI ki kursi pe baithna hai??
Set
Jaise bhookh lagi ho ya na lagi ho, taaqat ho ya naa ko, khaana toh khana hi hota hai . Similarly, motivation ho yaa na ho, energy ho ya na ho, benchmark reach karne ke liye-
β’Wake up late in the night, or sleep early for it.
β’Eat more or eat less, whatever fuels you.
β’Eat healthy, stay fit, zabardasti, roz.
β’Have faith, surround yourself with people, apps, thoughts, activities (internal & external) that ONLY help you achieve your benchmarks daily.
CHALLENGE OF 21 DAYS
Save this post and reply to it once you successfully complete 1 set (21 days) of reaching your benchmark or going beyond it, daily.
Let's see kis aspirant me dum hai ki sirf 21 din bhi khud ke benchmarks achieve kar pae. ππͺπ§
There's no reward from our end for doing these 3 sets of winner-benchmark. Har cheez lollipop ke liye karna zaruri hai kya?!!
Set
your own high benchmarks daily on a paperβοΈ, and go BEYOND it.Jaise bhookh lagi ho ya na lagi ho, taaqat ho ya naa ko, khaana toh khana hi hota hai . Similarly, motivation ho yaa na ho, energy ho ya na ho, benchmark reach karne ke liye-
Do whatever it takes.
β’Wake up late in the night, or sleep early for it.
β’Eat more or eat less, whatever fuels you.
β’Eat healthy, stay fit, zabardasti, roz.
β’Have faith, surround yourself with people, apps, thoughts, activities (internal & external) that ONLY help you achieve your benchmarks daily.
CHALLENGE OF 21 DAYS
Γ 3 SETSSave this post and reply to it once you successfully complete 1 set (21 days) of reaching your benchmark or going beyond it, daily.
Let's see kis aspirant me dum hai ki sirf 21 din bhi khud ke benchmarks achieve kar pae. ππͺπ§
π22π8π―8β€3β€βπ₯3β2π₯2π1π€―1π’1π1
#Quotes_@CurrentLegalGK
"As I look back on the years of my legal profession, I am struck by how much it has shaped me. You start out with idealistic notions believing that you are the voice of reason, the champion of Justice. To borrow the words of Benjamin Cardozo - Justice is not to be taken by storm, she is to be moved by slow advance - over the years and as a judge serving 2 decades, I have now realised that the pursuit of justice is steady, slowly shifting society and strengthening democracy."
~ Hrishikesh Roy
(SC judge, as he then was)
"As I look back on the years of my legal profession, I am struck by how much it has shaped me. You start out with idealistic notions believing that you are the voice of reason, the champion of Justice. To borrow the words of Benjamin Cardozo - Justice is not to be taken by storm, she is to be moved by slow advance - over the years and as a judge serving 2 decades, I have now realised that the pursuit of justice is steady, slowly shifting society and strengthening democracy."
~ Hrishikesh Roy
(SC judge, as he then was)
β€βπ₯13π3π―3β€2β1π1
β¨
The "James Bond clause" refers to Section 7 of the Intelligence Services Act 1994, which allows the UK Secretary of State to authorize intelligence agents to commit acts abroad that would otherwise be illegal in UK.
India doesn't have one single act like this but you can See officials secrets act, 1923.
@CurrentLegalGK
James Bond Clause
(source: KBC)The "James Bond clause" refers to Section 7 of the Intelligence Services Act 1994, which allows the UK Secretary of State to authorize intelligence agents to commit acts abroad that would otherwise be illegal in UK.
India doesn't have one single act like this but you can See officials secrets act, 1923.
@CurrentLegalGK
β‘6β1β€βπ₯1π1π1π―1π1
10052023_073954.pdf
981.3 KB
β€βπ₯2π2π2π1π1
Important Judgments on Section 125 CrPC.PDF
2 MB
π―5π1π1π1
2024_Round_Up_Constitution_Bench_Decisions_Of_Supreme_Court_1.pdf
452.4 KB
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Code_of_Civil_Procedure_CPC_Important_Supreme_Court_Judgments_In.pdf
268.2 KB
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70 Important Judgments Of Delhi High Court In 2024 [Part I].pdf
903.7 KB
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What does the Rs 12 lakh I-T rebate mean? What will you pay if you earn above that? π
#explained_economics #express_explained
#explained_economics #express_explained
Express Explained
New Income Tax Slabs Explained: What does the Rs 12 lakh I-T rebate mean? What will you pay if you earn above that?
Income Tax Budget 2025: The FM has provided significant savings for even those earning above Rs 15 lakh by way of sharp cut in tax rates for incomes falling between Rs 15 lakh and Rs 24 lakh
β€3β‘2π€©1π1π«‘1
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
What does the Rs 12 lakh I-T rebate mean? What will you pay if you earn above that? π #explained_economics #express_explained
π°π¨ββοΈ
1. Every Fiscal Year (Finance Act 2025) a temporary statute comes into enforcement from 1st April to 31st March. (read Article 112 CoI as well for annual financial statement)
2. The Income Tax Act, 1961 (We will have new simplified act this year because of lot of changes over a period of time)
a. Section 87A deals with Rebate of income-tax in case of certain individuals in 2024 it was 7 hundred thousand (7 lakh) Rupees.
π― Changes as per 2025
for the words βseven hundred thousand rupeesβ, the words βtwelve hundred thousand
rupeesβ shall be substituted;
(II) for the words βtwenty-five thousand rupeesβ, the words βsixty thousand rupeesβ shall be substituted;
Eg. If your income is 12 lakh your tax will be 60K (0-4 = nill + 4 to 8 = 20k + 8-12 = 40k) now applying this 60k rebate under 12 lakh it is 60k tax - 60k rebate = 0 tax.
{so 87A says rebate of 100% income tax or 60k whichever is less} this is fone to make the calculations more conveniently for other slabs.
2. Section 115BAC (added by 2020 finance act) mentions that table of income slabs which is now amended as follows.
πUpto 4 = No tax
π4 to 8 = 5%
π8 to 12 = 10%
π12 to 16 = 15%
π16 to 20 = 20%
π20 to 24 = 25%
π24 Above= 30%
{income in lakhs per annum}
This 87A rebate is for Normal Income and not for Capital gains (profit earned through selling shares, stocks etc)
Note: This 12 Lakh rebate is only for new tax regime (S. 115BAC) and not for old tax regime.
{In Summary Old tax regime had more deductions more tax% and new has less deductions and less tax%}
@CurrentLegalGK
Let me Explain 12 Lakh No Tax Legally1. Every Fiscal Year (Finance Act 2025) a temporary statute comes into enforcement from 1st April to 31st March. (read Article 112 CoI as well for annual financial statement)
2. The Income Tax Act, 1961 (We will have new simplified act this year because of lot of changes over a period of time)
a. Section 87A deals with Rebate of income-tax in case of certain individuals in 2024 it was 7 hundred thousand (7 lakh) Rupees.
π― Changes as per 2025
for the words βseven hundred thousand rupeesβ, the words βtwelve hundred thousand
rupeesβ shall be substituted;
(II) for the words βtwenty-five thousand rupeesβ, the words βsixty thousand rupeesβ shall be substituted;
Eg. If your income is 12 lakh your tax will be 60K (0-4 = nill + 4 to 8 = 20k + 8-12 = 40k) now applying this 60k rebate under 12 lakh it is 60k tax - 60k rebate = 0 tax.
{so 87A says rebate of 100% income tax or 60k whichever is less} this is fone to make the calculations more conveniently for other slabs.
2. Section 115BAC (added by 2020 finance act) mentions that table of income slabs which is now amended as follows.
πUpto 4 = No tax
π4 to 8 = 5%
π8 to 12 = 10%
π12 to 16 = 15%
π16 to 20 = 20%
π20 to 24 = 25%
π24 Above= 30%
{income in lakhs per annum}
This 87A rebate is for Normal Income and not for Capital gains (profit earned through selling shares, stocks etc)
Note: This 12 Lakh rebate is only for new tax regime (S. 115BAC) and not for old tax regime.
{In Summary Old tax regime had more deductions more tax% and new has less deductions and less tax%}
@CurrentLegalGK
π12π2π2π₯1π1π―1π1