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

Doctrine of contra proferentem - iPleaders
https://blog.ipleaders.in/doctrine-contra-proferentem/

Doctrine of Unconscionable Contracts Under the Indian Contract Act
https://blog.ipleaders.in/unconscionability-a-ground-for-avoiding-agreements/

When Can One Escape Effects Of A Document Despite Signing It? Supreme Court Explains Plea Of Doctrine of Non Est Factum'
https://www.livelaw.in/supreme-court/supreme-court-non-est-factum-plea-can-one-escape-effects-of-a-document-despite-signing-i-235580

State Bank of India v. K.Vasudevan | State Consumer Disputes Redressal Commission | Judgment | Law | CaseMine
https://www.casemine.com/judgement/in/66c7167c2c2f350ffdbcabfd

Doctrine of Last Clear Chance
exception to contributory negligence.
@CurrentLegalGK

Non-retroactivity of Criminal Law : principle and its position in Constitution and International Law - iPleaders
https://blog.ipleaders.in/non-retroactivity-of-criminal-law-principle-and-its-position-in-constitution-and-international-law/

Principle or doctrine of Legality
nullum crimen sine lege
@CurrentLegalGK

An insight on Doctrine of implied warranties - iPleaders
https://blog.ipleaders.in/an-insight-on-implied-warranties/

Doctrine of Pari Delicto - Restitution's Nemesis?
https://www.livelaw.in/articles/pari-delicto-restitutions-nemesis-248737

Section 65 of contract act

🎉👏 Chattisgarh Update

On one hand there is a state which was a part of M.P. has no condition even of enrollment in the bar and on other hand we have MP.

🫡 Some states aren't following the trend.

In exercise of the powers conferred by Article 234 read with the proviso to Article 309 of the Constitution of India, the Governor of Chhattisgarh, in consultation with the High Court of Chhattisgarh and Chhattisgarh Public Service Commission, hereby, makes the following further
amendment in the Chhattisgarh Lower Judicial Service (Recruitment and Conditions of Service) Rules, 2006

Aaj bhi naam lower hi hai atleast junior rakhdete act ka naam.

@CurrentLegalGK