Senior Designations Can't Be Monopoly Of SC & HC Advocates : Supreme Court Flags Lack Of Opportunities For Trial Court Lawyers
https://www.livelaw.in/top-stories/senior-designations-cant-be-monopoly-of-sc-hc-advocates-supreme-court-flags-lack-of-opportunities-for-trial-court-lawyers-284597

This FIR invoked

Sections – 79 (Word, gesture or act intended to insult the modesty of a woman),
95 (Hiring, employing or engaging a child to commit an offence),
294 (Sale, etc., of obscene books, etc.) &
296 (Obscene acts and songs) BNS read with

Section 67 of IT Act, 2000 (punishment for publishing or transmitting obscene material electronically), read with

Section 4/7 of Cinematograph Act 1952 read with

Section 4/6 of Indecent Representation of Women (Prohibition) Act, 1986.

Any more charges that you may impose in the recent infamous case of obscenity

@CurrentLegalGK

#Discernible_Topics
Ratio decidendi
Law of Precedents

Whether Judgments of High Court Binding upon Subordinate/district courts?

So far the decisions of the High Courts are concerned there has not been any specific provision under the Government of India Act, 1935 nor in the Constitution of India, like Article 141. This question was considered by Hon’ble the Supreme Court in one of the decisions reported in

M/s East India commercial Co. Ltd. V. collector of Customs, Calcutta. AIR 1962

The Supreme Court, on consideration of Articles 215, 226 and 227 of the Constitution of India came to the conclusion that the cumulative effect of the above noted provisions of the Constitution is that the decisions of the High Court have binding
effect upon the subordinate judiciary and the tribunals.

But, every decision does not constitute a precedent nor is a ruling. Many cases are decided and disposed of on facts. What constitutes precedent is the "proposition of law" as laid down in the decision.

Article 141 #COI@CurrentLegalGK @CurrentLegalGK

What is Article 101(4)? Why should Amritpal not worry about it? 🔗
#amritpal_singh

✨ Section 187(2) & (3)

Issue: Upto 10 Years it is 40 Days or 60 Days period in which 15 days Police custody can be given in whole or in parts.

Judgment: 15-day police custody must be sought within the first forty days in cases of offences which are punishable upto ten years of imprisonment.

Is this not a departure from Bare Language?

✨ Reasoning by High Court judgment which supreme court refused to interfere Next post

But first Let us see the Offences which are charged in the present case.

✓ 108 Abetment of suicide:
Imprisonment of either description for a term which may extend to ten years, and shall also be liable
to fine

✓ 308(5) Extortion:
Either description for a term which may extend to ten years, and
shall also be liable to fine.

Others are not of our use.

"The Phrase Which may extend to ten years is being interpreted in the lines of 187 (2) & (3)"

👉 2 Important Phrases
S.187- 10 Years or More &
S. 108 Punishment- 
Extend to 10 years

Note: HC judgment considered 167 and 187 as same.

👮‍♀️ Custody period Judgment

∆ Case: Hyder Ali v.State of Karnataka, 2024

167 CrPC: Not less than 10 years and 187 BNSS: 10 years or More ——>
Means threshold period of 10 Years.
BOTH ARE SAME NO CHANGE IN NEW LAW.

Reason for the aforesaid issue :
The offence in the case at hand, does not bear a
minimum threshold sentence of ten years, but is extendable or to an extent of ten years, which would mean, discretion available to the concerned Court to impose punishment up to ten years. Therefore, the
minimum threshold is not ten years.

1. 10 or More means Minimum is 10 years.

2. Extend to 10 years means 1 to 10 years.

Both are different

In minimum 10 years it is 90 days and in upto 10 years it is 60 days maximum custody.

Again repeating no change in new law both are same 167 and 187.

Must be interpreted in the light of Article 21.

@CurrentLegalGK

Breath Analyzer Test Is Not Conclusive Proof Of Alcohol Consumption: Patna High Court Quashes FIR
https://www.livelaw.in/high-court/patna-high-court/patna-high-court-breath-analyzer-test-insufficient-proof-alcohol-consumption-284411

🍷🍾🥂 FIR Quashed because No other evidence other than breath analyser Test.

Landmark Judgment on the Breath analyser Test evidentiary value.

In [Bachubhai Hassanalli Karyani v. State of Maharashtra, 1971]
the Hon'ble Supreme Court held that no conclusion with regard to consumption of alcohol by a person can be made on the facts that the appellant’s breathe was smelling of alcohol, that his gait was unsteady, that his speech was incoherent and that his pupils were dilated.

Consumption of alcohol can only be ascertained by way of blood and urine test by a person suspected to have consumed alcohol.

Forensic Science.

⚠️NOTE: https://t.me/LegalQuizzes/486493


@CurrentLegalGK

🚨🔊We have decided to remove the clause from the Central Motor Vehicles Rules, 1989, that gave the Centre and states the power to decide who should be allowed to display red beacons. The road ministry will shortly notify the amended rules,” finance minister Arun Jaitley said.

Any further update on it from 2017?

Read 2013 judgment of supreme court as well.

@CurrentLegalGK

Supreme Court Directs Union To File Affidavits On Establishment And Functioning Of Central Mental Health Authority
https://www.livelaw.in/top-stories/supreme-court-directs-union-to-file-affidavits-on-establishment-and-functioning-of-central-mental-health-authority-284618

Know The Law | Distinction Between 'Equitable Mortgage' And 'Legal Mortgage' : Supreme Court Explains
https://www.livelaw.in/supreme-court/know-the-law-distinction-between-equitable-mortgage-and-legal-mortgage-supreme-court-explains-284643

⚖️ v. 🏠
Legal v. Equitable Mortage

Indian Courts are legal as well as equity courts

Facts: 2 banks gave loan to one flat purchaser one bank took title deeds in the form of share certificate in propery and one took unregistered agreement to sell.

Issue: Whether one Mortage has priority over another keeping aside the time in transaction.

💯 Legal Mortgage:
S. 58 (f) TPA deals with Legal Mortgage by Deposit of Title Deeds and the Requisites are.
(i) Debt
(ii) Deposit of title deed; and
*(iii) An intention that the deed shall operate as security for the debt.

💯 Equitable Mortgage:
By deposit of part deeds/documents purporting (not actual) to be title deeds which shows intention to create mortage (eg. Agreement to sell)

🆚 Difference
✓ Legal Mortgage have priority over equitable mortgage, as it is a trite law that law prevails over equity and also under english law equitable mortgage is no were mentioned in statute but it is there in statute in India do legal will prevail over equitable, no doubt both are recognised in India.

2. Another Reason of Priorty is that "Equity acts in Personam" the equitable mortage will have priority over another equitable mortgages and equitable mortgage is between parties, so equitable mortagages does not acts against strangers to contract whereas in legal Mortgage acts against strangers as well and has priority over other (including equitable and legal)

3. Transfer of Property Creation of Interest: Equitable mortgage does not create any interest in property it just shows intention of parties to create mortgage and equity aids the parties whereas legal mortgage creates interest in favour of Mortgagee.

4. Remedies:
✓ In Legal Mortgage there is Right of Foreclosure and Sale or possession.
✓ In Equitable Mortgage the right of the mortgagee in such a situation is being enforced through the party having title over the said property alone i.e., the Mortgagor.

5. Kinds of Right:
✓Legal Mortgage: Right in Rem
✓Equitable: Right in Personam

👨‍⚖️ Case Name:

Cosmo Co-operative Bank
v.
Central Bank
2025


✓ Maxim:
"Equitas sequitur legem"
Equity Follows the Law


‘equitable mortgages’ are very much recognized in India under the nomenclature of “charge” in terms of Section 100 of the Act, 1882, and the same will be enforceable as far as possible in terms of the procedure and provisions application to a simple mortgage except those without notice of such charge.

#TPA
@CurrentLegalGK

Reservation on the basis of State Domicile: A Practice Unfair to People and Unexpected of Governments | SCC Times
https://www.scconline.com/blog/post/2020/07/15/reservation-on-the-basis-of-state-domicile-a-practice-unfair-to-people-and-unexpected-of-governments/

Doctrine of sons of soil.
@CurrentLegalGK

👋 Hello Members

To those asking me to enable content forwarding, I understand that you want to save the posts for making notes However, the fact is that I really cannot enable forwarding, even though it really affects the channel’s growth in terms of numbers. I prioritize quality over quantity. My goal is to aid you learn rather than just save content, as saving content often leads to procrastination and nothing more.

💯 Solution: Maintain a notebook for recent cases, and, for landmark cases, use sticky notes or incorporate them into your subject-wise notes.

I have no issue with my content being shared with other channels/groups/websites in any social media platform in the form of text or video as After nearly three years on Telegram, I believe in the free flow of information. However, that flow should end in your memory, not just in your smartphone’s storage. The sooner you understand this, the faster you will get ahead of others."

🤝 Also for the first time I would like to ask every regular viewer to add atleast 2 members in the channel, the more the channel will grow the more relevant to the exam content we will deliver.

@CurrentLegalGK

#Question@CurrentLegalGK

Who is competent to provide oath to C.M. of NCT of Delhi.

1. President
2. Governor of NCT Delhi

Cite the provision of the law.

Was asked in one interview in DJS

'Once A Mortgage, Always A Mortgage' - Right To Redeem Mortgage Can Be Extinguished Only By Process Of Law : SC [Read Judgment]
https://www.livelaw.in/top-stories/once-a-mortgage-always-a-mortgage--right-to-redeem-mortgage-can-be-extinguished-only-by-process-of-law-sc-155391

💲💴 Once a Mortgage always a Mortgage

When Redemtion ceases?
"It is well-settled that the right of redemption under a mortgage deed can come to an end or be extinguished only by a process known to law, i.e.,
1. either by way of a contract between the parties to such effect,
2. by a merger, or
3. by a statutory provision that debars the mortgagor from redeeming the mortgage.

In other words, a mortgagee who has entered into possession of the mortgaged property will have to give up such possession when a suit for redemption is filed, unless he is able to establish that the right of redemption has come to an end as per law". 

👨‍⚖️ Case Title:

SHANKAR SAKHARAM KENJALE
v.
NARAYAN KRISHNA GADE
2020

1st Para- Rights of Mortgagor
2nd Para- Duty of Mortgagee
#TPA@CurrentLegalGK