Dying declaration of death penalty convict

A legal research question

@CurrentLegalGK

S. 74 Contract Act | Forfeiture Of Earnest Money Permissible If It's Not Excessive Amounting To Penalty : Supreme Court
https://www.livelaw.in/supreme-court/s74-contract-act-forfeiture-of-20-sale-price-excessive-supreme-court-rejects-builders-plea-to-forfeit-earnest-money-on-flat-booking-cancellation-282859

A Momentous Verdict On Illegality Of Arrest And Bail
https://www.livelaw.in/top-stories/supreme-court-judgment-pmla-illegal-arrest-article-22-constitution-violation-282853

Consequences of Breaching Fundamental Rights

This particular case delas with PMLA but has cited Arnesh kumar for our CrPC/BNSS syllabus.

See the Duty of Magistrate:

Arnesh Kumar v. State of Bihar: AIR 2014 SC

Magistrate authorises detention of a person under Section 167 of the Code, he has to be first satisfied that the arrest made is legal and in accordance with law and all the constitutional rights of the person arrested are satisfied. If the arrest effected by the police officer does not satisfy the requirements of Section 41 of the Code, Magistrate is duty bound "not" to authorise his further detention and release the accused. It has been held that, when an accused is produced before the Magistrate, the police officer effecting the arrest is required to furnish to the Magistrate, the facts and the reasons for arrest and the Magistrate, in turn, has to be satisfied that the condition precedent for arrest under Section 41 of the Code has been satisfied and it is only thereafter that he will authorise the detention of an accused. The Magistrate before authorising detention will have to record his own satisfaction, may be in brief, but the said satisfaction shall be reflected in his order. The Supreme Court reiterated that, when a suspect is arrested and produced before a Magistrate for authorising detention, the Magistrate has to address the question whether specific reasons have been recorded for arrest.


👨‍⚖️ Current Case regarding Duty has to Bail in case of violation of Article 22(2) of CoI, 1950

Once a Court, while dealing with a bail application, finds that the fundamental rights of the accused under Article 21 and Article 22 of the Constitution of India have been violated while arresting the accused or after arresting him, it is the duty of the Court dealing with the bail application to release the accused on bail. The reason is that the arrest in such cases stands vitiated. It is the duty of every Court to uphold the fundamental rights guaranteed under Article 21 and Article 22 of the Constitution.


💯 Bhartiya Nagrik Suraksha Sanhita - Changes
Section 58 of the BNSS corresponding to Section 57 of CrPC embodies the same rule. It is significant that the words “whether having jurisdiction or not” are newly incorporated in Section 58 of the BNSS. The addition of the above words in the provision makes it consonant with Article 22(2) of the Constitution of India.

My views: There is a complete change of section 58 BNSS in terms of language, go and read.

@CurrentLegalGK

👉 Material Facts: Flat Booked but cancelled so builder forfeited 20% of Basic sale price of flat as earnest money.

👉 Decision: to be arbitrarily excessive amounting to penalty under section 74 and reduced it to 10%.

👉 Ratio: Essentially, the Court emphasized that while
✓a. earnest money can be forfeited as security for performance,
✓b. it shouldn't be so excessive or punitive that it becomes a penalty.
✓c. If a forfeiture is deemed excessive, the Court has the power to reduce the amount.

👉 Cited: Reference was drawn to the cases of:
✓ Maula Bux v. UoI, 1969 
✓ Satish Batra v. Sudhir Rawal, 2013 to hold that 👇

👉 Conclusion: "forfeiture of reasonable earnest money could not be categorized as penalty"


@CurrentLegalGK

Waqf Means "to stop or Hold" and it does not favour alienation which is an exception to this transfer of property basic rule of public policy.

"Alienation rei prefertur juri accrescendi" is a Latin legal maxim that translates to "alienation of property is preferred to accumulation," 

#Vocabulary@CurrentLegalGK

🎖𝙋𝙪𝙗𝙡𝙞𝙘_𝙏𝙧𝙪𝙨𝙩_𝘿𝙤𝙘𝙩𝙧𝙞𝙣𝙚
https://www.manupatracademy.com/legalpost/public-trust-doctrine


✍🏻"The Public Trust Doctrine is a legal principle that requires the 𝐠𝐨𝐯𝐞𝐫𝐧𝐦𝐞𝐧𝐭 𝐭𝐨 𝐦𝐚𝐧𝐚𝐠𝐞 𝐜𝐞𝐫𝐭𝐚𝐢𝐧 𝐧𝐚𝐭𝐮𝐫𝐚𝐥 𝐫𝐞𝐬𝐨𝐮𝐫𝐜𝐞𝐬 𝐟𝐨𝐫 𝐭𝐡𝐞 𝐩𝐮𝐛𝐥𝐢𝐜'𝐬 𝐮𝐬𝐞. This us based on the idea that the public owns these resources, and the government is responsible for protecting and maintaining them. 
The doctrine's origin can be traced back to 𝐑𝐨𝐦𝐚𝐧 𝐥𝐚𝐰, particularly the 𝐈𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐞𝐬 𝐨𝐟 𝐉𝐮𝐬𝐭𝐢𝐧𝐢𝐚𝐧. The 𝐌𝐚𝐠𝐧𝐚 𝐂𝐚𝐫𝐭𝐚 𝐢𝐧 𝐄𝐧𝐠𝐥𝐚𝐧𝐝 strengthened public rights, such as the right to fish in rivers. It became part of the common law in the United States through the 𝐈𝐥𝐥𝐢𝐧𝐨𝐢𝐬 𝐂𝐞𝐧𝐭𝐫𝐚𝐥 𝐑𝐚𝐢𝐥𝐫𝐨𝐚𝐝 𝐯. 𝐈𝐥𝐥𝐢𝐧𝐨𝐢𝐬 case. The doctrine is often used to protect Waterways, Wildlife and Land.

𝗔𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻 -
✓The doctrine is often invoked in natural resource conflicts.
✓The doctrine can be used to defend environmental regulations against constitutional claims and to support climate governance.

Famous Case -
In 𝐌𝐜𝐐𝐮𝐞𝐞𝐧 𝐯 𝐒𝐂 𝐂𝐨𝐚𝐬𝐭𝐚𝐥 𝐂𝐨𝐮𝐧𝐜𝐢𝐥, the South Carolina Supreme Court ruled that privately-owned land that reverted to tidelands was public trust property."

Public trust doctrine para 45 onwards - bulldozer justice
https://t.me/CurrentLegalGK/4267

@CurrentLegalGK

Public trust doctrine in India - iPleaders
https://blog.ipleaders.in/public-trust-doctrine-india/

🗺️📍⚖️ State bifurcation and continuance of laws

✨ Commissioner of Commercial Taxes, Ranchi and Ors. v. Swarn Rekha Cokes and Coals (P) Ltd., 2023
(Bihar & Jharkhand)

Recent Case on Andhra Pradesh and Telengana.

Any Constitutional Article that you can cite? 👇

@CurrentLegalGK

#Question@CurrentLegalGK

This Deals with Bifurcation but my Question is

1. Whether there was any formation of new State by uniting two or more states?

2. Which law will govern the new state? is it the larger territory one? or the smaller one? or that the areas will have 2 laws separate.

@CurrentLegalGK

Application of a subsequent legislation retrospectively it is necessary to show that the previous legislation had any omission or ambiguity or it was intended to explain an earlier act. In absence of the above ingredients, a legislation cannot be regarded as having retrospective effect.

@CurrentLegalGK

💡 #Tip@CurrentLegalGK

Rather than having Backup options for judicial Service exams, give attempts until you exhaust them.

🤝Just with the help of Supportive Jobs https://t.me/LawOfficerExam

UGC NET, Bank law officers, Law Researchers, Law associates, professionals, advisors in various government Departments and other related Exams notifications.

A peer to Peer Group, Go engage and Decide your Future today.

'Very Pertinent Issue': Supreme Court To Hear PIL Against RP Act Provision Allowing Election Of Uncontested Candidate On Mar 19
https://www.livelaw.in/top-stories/supreme-court-pil-against-section-532-rp-act-direct-election-of-uncontested-candidate-nota-hearing-on-march-19-282941

In terms of Section 53(2), if the number of contesting candidates in an election is equal to the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be duly elected to fill those seats


"This is a violation of a fundamental right, as in its judgement in People's Union for Civil Liberties v Union of India (2013) 10 SCC 1 this Hon'ble Court has held that the right to cast a negative vote by choosing the NOTA option on an EVM is protected in direct elections under Article 19(1)(a) of the Constitution of India."

@CurrentLegalGK

🏥🌬️ उम्र घटाने का दावा करने वाला अरबपति पॉडकास्ट छोड़कर भागा: कहा- भारत की हवा बेहद खराब, 10 मिनट में ही हालत खराब हुई

https://dainik.bhaskar.com/NiRGW8NdIQb

🙂 speechless

Explained: Rajasthan’s Bill against ‘unlawful’ religious conversions 🔗
#anti_conversion_bill #explained_law #express_explained #rajasthan #religious_conversion

*सीएम ने 12 स्टूडेंट्स को स्कूटी की चाबियां दीं:* MP के 7,900 छात्रों को मिले मुफ्त स्कूटी के लिए प्रमाण पत्र; 15 फरवरी से पहले मिलेगा लैपटॉप
https://dainik.bhaskar.com/2LZ1uJQ9IQb

🙂 Meanwhile students from CBSE/ICSE 🙂

Instead of giving vehicles and laptops to average percentage getting students (75%) Increase the Education infrastructure budget.

Not concerned about this policy as such but concerned about the people of India, that for encouragement of education which is so essential and fundamental for life and every adult (parent) knows this we are making short term policies.

May be People Can't really understand the long term policies because government(s) are not making them true, governments must win the trust of people not by small freebies but by a long developing concrete vision.

@CurrentLegalGK

Repeal of the Repealing/Amending Act: Analysing the Implications | SCC Times
https://www.scconline.com/blog/post/2024/04/09/repeal-of-the-repealing-amending-act-analysing-the-implications/