All Trademark Disputes Aren't Outside Arbitration; In Pesonam Issues Relating To License Agreement Arbitrable : Supreme Court
https://www.livelaw.in/supreme-court/all-trademark-disputes-arent-outside-arbitration-in-pesonam-issues-relating-to-license-agreement-arbitrable-supreme-court-292677
https://www.livelaw.in/supreme-court/all-trademark-disputes-arent-outside-arbitration-in-pesonam-issues-relating-to-license-agreement-arbitrable-supreme-court-292677
www.livelaw.in
All Trademark Disputes Aren't Outside Arbitration; In Personam Issues Relating To License Agreement Arbitrable : Supreme Court
The Supreme Court recently held that a mere allegation of fraud or misconduct does not divest an arbitral tribunal of its jurisdiction to adjudicate in personam disputes stemming from contractual...
β€1π1
Can Courts Admit Evidence Which Has Been Obtained Illegally Or Improperly?
https://www.livelaw.in/know-the-law/illegally-obtained-evidence-admissibility-143609
https://www.livelaw.in/know-the-law/illegally-obtained-evidence-admissibility-143609
www.livelaw.in
Can Courts Admit Evidence Which Has Been Obtained Illegally Or Improperly?
The admissibility of evidence in Courts in India is dependent on its relevancy as per the provisions of Indian Evidence Act.Illegality or impropriety in obtaining the evidence will not affect its...
π2
π
The Court noted that neither any time has been fixed for filing the appeal nor any provision is provided for condonation of delay in case where the appeal is sought to be preferred under Section 101(2) of the JJ Act against the JJB's preliminary assessment order passed under Section 15(1). The bench comprising Justices C.T. Ravikumar and Rajesh Bindal sought to fill up the gap by prescribing 30 days' time limit which otherwise does not go against the scheme of the Act.
βIn our opinion, the same being an omission. In order to make the Act workable and putting timelines for exercise of statutory right of appeal which always is there, we deem it appropriate to fill up this gap, which otherwise does not go against the scheme of the Act.
----
βAs in the process of preliminary inquiry there is involvement of many persons, namely, the investigating officer, the experts whose opinion is to be obtained, and thereafter the proceedings before the Board, where for different reasons any of the party may be able to delay the proceedings, in our opinion the time so provided in Section 14(3) cannot be held to be mandatory, as no consequences of failure have been provided as is there in case of enquiry into petty offences in terms of Section 14(4) of the Act
π Latin Maxims which are used interpretation-
1 UT res mages valeat quam pareat
2. Casus Omissus
@CurrentLegalGK
Child In Conflict With Law Through His Mother v. State Of Karnataka & Anr, 2024
The Court noted that neither any time has been fixed for filing the appeal nor any provision is provided for condonation of delay in case where the appeal is sought to be preferred under Section 101(2) of the JJ Act against the JJB's preliminary assessment order passed under Section 15(1). The bench comprising Justices C.T. Ravikumar and Rajesh Bindal sought to fill up the gap by prescribing 30 days' time limit which otherwise does not go against the scheme of the Act.
βIn our opinion, the same being an omission. In order to make the Act workable and putting timelines for exercise of statutory right of appeal which always is there, we deem it appropriate to fill up this gap, which otherwise does not go against the scheme of the Act.
----
βAs in the process of preliminary inquiry there is involvement of many persons, namely, the investigating officer, the experts whose opinion is to be obtained, and thereafter the proceedings before the Board, where for different reasons any of the party may be able to delay the proceedings, in our opinion the time so provided in Section 14(3) cannot be held to be mandatory, as no consequences of failure have been provided as is there in case of enquiry into petty offences in terms of Section 14(4) of the Act
π Latin Maxims which are used interpretation-
1 UT res mages valeat quam pareat
2. Casus Omissus
@CurrentLegalGK
π2β€1
1869420122025-02-24-588355 (1).pdf
692.9 KB
π¨ββοΈ
β Evidence of Child Witness and Test for parsing Tutored Testimony.
β Principles of Law relating to appreciation of Circumstantial Evidence.
a. Incriminating Circumstances emerging from the evidence on record.
iii. Principles of Law governing the Applicability of Section 106 of the Evidence Act
iv. What is βprima facie caseβ (foundational facts) in the context of Section 106
of the Evidence Act?
Important for POCSO foundational facts
@CurrentLegalGK
State of Madhya Pradesh v. balveer Singh, 2025β Evidence of Child Witness and Test for parsing Tutored Testimony.
β Principles of Law relating to appreciation of Circumstantial Evidence.
a. Incriminating Circumstances emerging from the evidence on record.
iii. Principles of Law governing the Applicability of Section 106 of the Evidence Act
iv. What is βprima facie caseβ (foundational facts) in the context of Section 106
of the Evidence Act?
Important for POCSO foundational facts
@CurrentLegalGK
π3β€2
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
1869420122025-02-24-588355 (1).pdf
πΆπ£οΈ
π¨ββοΈ Case:
State of M.P.
v.
Ramesh
[2011]
1. The evidence of child must reveal that he is able to discern b/w Right & Wrong either by cross examination of defence, by putting questions (165) or by the testimony itself.
2. In case the child explains the relevant events of the crime without improvements or embellishments, and the same inspire confidence of the court, his deposition does not require any corroboration whatsoever.
3. If the tutored part can be separated from the untutored part of testimony and the latter inspires confidence then it can be believed or considered for corroboration as in hostile witness cases.
4. Whether tutored or not can be ascertained from deposition of child.
Only in case there is evidence on record to show that a child has been tutored, the court can reject his statement partly or fully and look for corroboration.
@CurrentLegalGK
4 Principles for Child Witness Testimony π¨ββοΈ Case:
State of M.P.
v.
Ramesh
[2011]
1. The evidence of child must reveal that he is able to discern b/w Right & Wrong either by cross examination of defence, by putting questions (165) or by the testimony itself.
2. In case the child explains the relevant events of the crime without improvements or embellishments, and the same inspire confidence of the court, his deposition does not require any corroboration whatsoever.
3. If the tutored part can be separated from the untutored part of testimony and the latter inspires confidence then it can be believed or considered for corroboration as in hostile witness cases.
4. Whether tutored or not can be ascertained from deposition of child.
Only in case there is evidence on record to show that a child has been tutored, the court can reject his statement partly or fully and look for corroboration.
Child testimony is at par with other witnesses if the child is competent to testify, more care must be taken whilst taking testimony as it is susceptible to tutoring.
@CurrentLegalGK
π3
Earlier under 7 years of age a person is not considered competent to give testimony but Uk has evolved almost to the extent of Indian legal system on child witness.
Indian Cases
1. Rameshwar v. State of Rajasthan (1952): The landmark judgment held that child testimony, much scrutinized, does not require compulsory corroboration in the absence of grounds for suspecting tutoring or fabrication.
2. Dattu Ramrao Sakhare v. State of Maharashtra (1997): The Supreme Court once again reiterated that when a child witness appears to be truthful and consistent, the said testimony could alone furnish the basis for conviction.
The core of Child witness testimony is that the judge must see it is not tutored or there is not undue influence or any other external influence or pressure.
If the testimony is found reliable there is no need of corroboration and it can become the sole basis of conviction.
In India section 118 and 119 (competency) of BSA and POCSO (provisions relating to safe environment, reduce trauma etc) delas with child witness testimony.
In a nutshell child is a as competent as and adult sound person and the testimony cannot be rejected on the grounds of AGE.
@CurrentLegalGK
Indian Cases
1. Rameshwar v. State of Rajasthan (1952): The landmark judgment held that child testimony, much scrutinized, does not require compulsory corroboration in the absence of grounds for suspecting tutoring or fabrication.
2. Dattu Ramrao Sakhare v. State of Maharashtra (1997): The Supreme Court once again reiterated that when a child witness appears to be truthful and consistent, the said testimony could alone furnish the basis for conviction.
The core of Child witness testimony is that the judge must see it is not tutored or there is not undue influence or any other external influence or pressure.
If the testimony is found reliable there is no need of corroboration and it can become the sole basis of conviction.
In India section 118 and 119 (competency) of BSA and POCSO (provisions relating to safe environment, reduce trauma etc) delas with child witness testimony.
In a nutshell child is a as competent as and adult sound person and the testimony cannot be rejected on the grounds of AGE.
@CurrentLegalGK
π2β‘1π1
BREAKING| Supreme Court To Deliver Judgment Tomorrow On Practice Requirement For Judicial Service Entry
https://www.livelaw.in/top-stories/supreme-court-to-deliver-judgment-tomorrow-on-practice-requirement-for-judicial-service-entry-292702
https://www.livelaw.in/top-stories/supreme-court-to-deliver-judgment-tomorrow-on-practice-requirement-for-judicial-service-entry-292702
www.livelaw.in
Supreme Court To Deliver Judgment Tomorrow On Practice Requirement For Civil Judge Recruitment
The Supreme Court will pronounce judgment tomorrow on the question whether the minimum practice r
π3π±2π€©2β€1
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
BREAKING| Supreme Court To Deliver Judgment Tomorrow On Practice Requirement For Judicial Service Entry https://www.livelaw.in/top-stories/supreme-court-to-deliver-judgment-tomorrow-on-practice-requirement-for-judicial-service-entry-292702
π«‘π¨ββοΈ The Supreme Court will pronounce judgment tomorrow on the question whether the minimum practice requirement should be reinstated as an eligibility condition for applying to entry-level posts in judicial service.
...ΰ€ΰ₯ΰ€―ΰ€Ύ ΰ€‘ΰ€° ΰ€²ΰ€ ΰ€°ΰ€Ήΰ€Ύ ΰ€Ήΰ₯?π
@CurrentLegalGK
Yes or No?
What is your Gut feeling?
...ΰ€ΰ₯ΰ€―ΰ€Ύ ΰ€‘ΰ€° ΰ€²ΰ€ ΰ€°ΰ€Ήΰ€Ύ ΰ€Ήΰ₯?π
@CurrentLegalGK
π₯7π±3
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
https://legal.economictimes.indiatimes.com/news/litigation/sc-seeks-response-of-11-states-on-plea-seeking-setting-up-of-rti-portals/113642623
All states and UTs and HCs are directed by SC to set up RTI portal to further the object of RTI.
@CurrentLegalGK
@CurrentLegalGK
π2
'Muslim Minority's Apprehensions Genuine' : Kerala Govt Approaches Supreme Court Opposing Waqf Amendment Act 2025
https://www.livelaw.in/top-stories/supreme-court-state-of-kerala-seeks-intervention-in-cases-challenging-waqf-amendment-act-2025-292694
https://www.livelaw.in/top-stories/supreme-court-state-of-kerala-seeks-intervention-in-cases-challenging-waqf-amendment-act-2025-292694
www.livelaw.in
'Muslim Minority's Apprehensions Genuine' : Kerala Govt Approaches Supreme Court Opposing Waqf Amendment Act 2025
The State of Kerala has sought intervention in the batch of cases involving challenge to the constitutionality of the Waqf Amendment Act, 2025.The State contends that the 2025 amendment deviated...
π3
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
'Muslim Minority's Apprehensions Genuine' : Kerala Govt Approaches Supreme Court Opposing Waqf Amendment Act 2025 https://www.livelaw.in/top-stories/supreme-court-state-of-kerala-seeks-intervention-in-cases-challenging-waqf-amendment-act-2025-292694
Can states file a case against union even in other Articles of constitution other than 131?
#Question@CurrentLegalGK
#Question@CurrentLegalGK
Use of Stock Witness by Police, Dilemma And Legal Implications
https://www.legalserviceindia.com/legal/article-14392-use-of-stock-witness-by-police-dilemma-and-legal-implications.html
https://www.legalserviceindia.com/legal/article-14392-use-of-stock-witness-by-police-dilemma-and-legal-implications.html
Legalserviceindia
Use of Stock Witness by Police, Dilemma And Legal Implications | Legal Service India - Law Articles - Legal Resources
Introduction
The police are sometimes accused of having some people with them ready to be
used as witnesses when necessary. That is why such people are known as stock
witnesses. They are also ...
The police are sometimes accused of having some people with them ready to be
used as witnesses when necessary. That is why such people are known as stock
witnesses. They are also ...
π2
60181_1989_1_1501_61910_Judgement_20-May-2025.pdf
390.4 KB
π¨ββοΈπ¨ββοΈπ¨ββοΈ ALL INDIA JUDGES ASSOCIATION
v.
UNION OF INDIA
@CurrentLegalGK
v.
UNION OF INDIA
Criteria of experience is not difficult to prove.
@CurrentLegalGK
π19β€1
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
60181_1989_1_1501_61910_Judgement_20-May-2025.pdf
Ek golden opportunity hai, jisko jo help chahiye comments me batao, let's see what help we can provide.
Golden opportunity: Vacancies which have started prior to judgment.
You will have to pick only 1 state and devote π― to that only....
@CurrentLegalGK
Golden opportunity: Vacancies which have started prior to judgment.
You will have to pick only 1 state and devote π― to that only....
@CurrentLegalGK
β€βπ₯4π2π1
Press Information Bureau
https://www.pib.gov.in/PressReleasePage.aspx?PRID=2129715
New system will automatically convert cyber financial crimes filed at NCRP or 1930 to FIRs, initially above the threshold limit of βΉ10 lakh
The new system, which will drive investigations swiftly cracking down on cybercriminals, will soon be extended to the entire nation
https://www.pib.gov.in/PressReleasePage.aspx?PRID=2129715
Section 173(1) and 1(ii) BNSS
New system will automatically convert cyber financial crimes filed at NCRP or 1930 to FIRs, initially above the threshold limit of βΉ10 lakh
The new system, which will drive investigations swiftly cracking down on cybercriminals, will soon be extended to the entire nation
Government of India
Union Home Minister Shri Amit Shah says MHA's Indian Cybercrime Coordination Centre (I4C) has introduced the new e-Zero FIR initiativeβ¦
Union Home Minister and Minister of Cooperation, Shri Amit Shah has said that MHA's Indian Cybercrim