The Veeraswami case: When can a sitting judge face an FIR? π
#express_premium #jagdeep_dhankhar #supreme_court
#express_premium #jagdeep_dhankhar #supreme_court
Express Explained
The Veeraswami case: When can a sitting judge face an FIR?
Looking for mechanisms to deal with complaints against judges, the SC developed the in-house inquiry, in which the Chief Justice of India (CJI) sets up a panel of judges to verify if there is a prima facie case against a judge.
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The Veeraswami case: When can a sitting judge face an FIR? π #express_premium #jagdeep_dhankhar #supreme_court
SC held that while a judge can be considered a public servant for a corruption case to be registered against him, the sanction must come from the CJI.
Ordinarily, sanction is granted by the authority that has the power to appoint the public servant. But the SC emphasised that βthere is no master and servant relationship or employer and employee relationship between a Judge and the President of India in whom the executive power of the Union is vested under the provisions of Article 53 of the Constitution.β
The inclusion of the CJI, therefore, ring-fenced the prosecution of judges against executive interference
@CurrentLegalGK
Ordinarily, sanction is granted by the authority that has the power to appoint the public servant. But the SC emphasised that βthere is no master and servant relationship or employer and employee relationship between a Judge and the President of India in whom the executive power of the Union is vested under the provisions of Article 53 of the Constitution.β
The inclusion of the CJI, therefore, ring-fenced the prosecution of judges against executive interference
@CurrentLegalGK
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So the joke of either relief or 3 years practice on review in SC is surfacing everywhere π
But can an advocate directly practice in supreme court?
Mention the relevant law π
@CurrentLegalGK
But can an advocate directly practice in supreme court?
Mention the relevant law π
@CurrentLegalGK
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https://www.livelaw.in/news-updates/rti-act-all-bar-associations-kerala-public-authority-kerala-state-information-commission-293036
Ask your questions use βΉ10 and invest them to clear doubts.
Use RTI for bar council and bar association both, if you are not getting authentic reliable information ASAP.
@CurrentLegalGK
Use RTI for bar council and bar association both, if you are not getting authentic reliable information ASAP.
@CurrentLegalGK
π4
Copyright And Classical Music - Analysis Of Delhi HC Decision
https://www.livelaw.in/articles/delhi-high-court-judgment-ustad-faiyaz-wasifuddin-dagar-vs-ar-rahman-critical-analysis-291955
https://www.livelaw.in/articles/delhi-high-court-judgment-ustad-faiyaz-wasifuddin-dagar-vs-ar-rahman-critical-analysis-291955
www.livelaw.in
Copyright And Classical Music - Analysis Of Delhi HC Decision
In light of the recent Delhi High Court decision in Ustad Faiyaz Wasifuddin Dagar v.A.R. Rahman this article examines the extent of copyright protection that must be afforded to...
Should Grounds Of Arrest Be Mandatorily Supplied 'Prior' To Arrest In Every Case?
https://www.livelaw.in/articles/supreme-court-judgments-accused-right-to-know-grounds-of-arrest-critical-analysis-291340
https://www.livelaw.in/articles/supreme-court-judgments-accused-right-to-know-grounds-of-arrest-critical-analysis-291340
www.livelaw.in
Should Grounds Of Arrest Be Mandatorily Supplied 'Prior' To Arrest In Every Case?
After the Apex Court reiterates ground of arrest should be informed to the arrestee, a new argument is being raised by the prosecution side that if somebody is caught red-handed committing an...
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The main premise of this mandatory practice judgment in essence is not the experience, practical knowledge, career pushing etc.. but to let you the judge know the hardship faced by advocates, to develop core empathy.
Otherwise these 2 judges wouldn't have said this.
Justice Gavai sharing his experience stated: "We had a lawyer in Nagpur who said he could write a book on subject: '100 ways of seeking adjournment'."
Justice Masih "A very good candidate, father a very leading advocate at the District Court. But for two years, the son did not go for a day to the Court...He had two years as an advocate but then, where do we get that experience? This is what we are looking for,"
If they have said it they should have properly addressed it .
Well corruption and nepotism are at its peak in district judiciary giving a very narrow space for 1st Gen lawyers, though anyhow advocates who will not clear the exam will have to practice but the question is as regards practice certificate and its endorsement, one will get it easily by connections or money but one will have to work harder the whole purpose is defeated then where is empathy among these corrupt ones?
If HCs will make rules they will again make it unequal rules which will further complicate the situation and inequality will prevail, the whole judgment was an opportunity to make major reforms in appointment system in the bedrock of judicial pyramid (basic structure of CoI) but the core is not addressed.
Yes law students will come out of comfort zone and even if they don't become judges they will get a good headstart as advocates, the quality and competitions of advocates is going to rise.
Look for opportunities guys research, be prepared.
Legal Soft skills will help...
@CurrentLegalGK
Analysis of 3 Year Practice RuleThe main premise of this mandatory practice judgment in essence is not the experience, practical knowledge, career pushing etc.. but to let you the judge know the hardship faced by advocates, to develop core empathy.
Otherwise these 2 judges wouldn't have said this.
Justice Gavai sharing his experience stated: "We had a lawyer in Nagpur who said he could write a book on subject: '100 ways of seeking adjournment'."
Justice Masih "A very good candidate, father a very leading advocate at the District Court. But for two years, the son did not go for a day to the Court...He had two years as an advocate but then, where do we get that experience? This is what we are looking for,"
If they have said it they should have properly addressed it .
Well corruption and nepotism are at its peak in district judiciary giving a very narrow space for 1st Gen lawyers, though anyhow advocates who will not clear the exam will have to practice but the question is as regards practice certificate and its endorsement, one will get it easily by connections or money but one will have to work harder the whole purpose is defeated then where is empathy among these corrupt ones?
If HCs will make rules they will again make it unequal rules which will further complicate the situation and inequality will prevail, the whole judgment was an opportunity to make major reforms in appointment system in the bedrock of judicial pyramid (basic structure of CoI) but the core is not addressed.
Yes law students will come out of comfort zone and even if they don't become judges they will get a good headstart as advocates, the quality and competitions of advocates is going to rise.
Look for opportunities guys research, be prepared.
Legal Soft skills will help...
After judgment Will the Quality of exam and legal knowledge of candidates be the same?
Will the candidates can be easily be moulded in training?
@CurrentLegalGK
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Supreme Court Refrains From Sentencing POCSO Convict After Noting That Victim Is Now Married To Him & Didn't See It As Crime
https://www.livelaw.in/top-stories/supreme-court-refrains-from-sentencing-pocso-convict-after-noting-that-victim-is-now-married-to-him-didnt-see-it-as-crime-293149
https://www.livelaw.in/top-stories/supreme-court-refrains-from-sentencing-pocso-convict-after-noting-that-victim-is-now-married-to-him-didnt-see-it-as-crime-293149
www.livelaw.in
Supreme Court Refrains From Sentencing POCSO Convict After Noting That Victim Is Now Married To Him & Didn't See It As Crime
The Court noted that victim suffered from legal process, was judged by society, abandoned by her own family and had become emotionally attached to the accused.
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Supreme Court Refrains From Sentencing POCSO Convict After Noting That Victim Is Now Married To Him & Didn't See It As Crime https://www.livelaw.in/top-stories/supreme-court-refrains-from-sentencing-pocso-convict-after-noting-that-victim-is-now-married-toβ¦
That is the reason we are giving for exercising power under Article 142 not to impose sentence.β
Still the Socio-Legal Gap is not fulfilled.
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Still the Socio-Legal Gap is not fulfilled.
@CurrentLegalGK
[Arbitration] S.10 Of General Clauses Act Applies Only If S.34 Application Was Filed Within Time, Court Was Closed On Last Day Of Limitation: Delhi HC
https://www.livelaw.in/high-court/delhi-high-court/section-10-of-general-clauses-act-applies-only-if-section-34-petition-is-filed-within-90-days-and-court-is-closed-on-last-day-not-during-extendable-period-delhi-hc-293110
https://www.livelaw.in/high-court/delhi-high-court/section-10-of-general-clauses-act-applies-only-if-section-34-petition-is-filed-within-90-days-and-court-is-closed-on-last-day-not-during-extendable-period-delhi-hc-293110
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[Arbitration] S.10 Of General Clauses Act Applies Only If S.34 Application Was Filed Within Time, Court Was Closed On Last Dayβ¦
The Delhi High Court bench of Justices Hari Shankar and Ajay Digpaul has held that the benefit of Section 10 of the General Clauses Act is available only when the petition is filed within the ...
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No Legal Or Contractual Obligation On Restaurant To Provide Gravy With Porotta & Beef Fry: CDRC Ernakulam
https://www.livelaw.in/news-updates/no-legal-contractual-obligation-restaurant-gravy-porotta-consumer-commission-ernakulam-293141
https://www.livelaw.in/news-updates/no-legal-contractual-obligation-restaurant-gravy-porotta-consumer-commission-ernakulam-293141
www.livelaw.in
No Legal Or Contractual Obligation On Restaurant To Provide Gravy With Porotta & Beef Fry: CDRC Ernakulam
The District Consumer Disputes Redressal Commission (DCDRC), Ernakulam recently passed an order dismissing a complaint filed by a journalist against a restaurant (Persian Table) for not providing...
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Reform Of Illusion: An Analysis On Utility Of Offence Of 'Terrorism' In BNS
https://www.livelaw.in/articles/reform-illusion-analysis-utility-offence-terrorism-bns-293099
https://www.livelaw.in/articles/reform-illusion-analysis-utility-offence-terrorism-bns-293099
www.livelaw.in
Reform Of Illusion: An Analysis On Utility Of Offence Of 'Terrorism' In BNS
The enactment of the Bharatiya Nyaya Sanhita, 2023 (BNS) ushers in a defining moment for India's legal framework, by introducing the offence of terrorist acts under Section 113. Strikingly, this...
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[Arbitration] S.10 Of General Clauses Act Applies Only If S.34 Application Was Filed Within Time, Court Was Closed On Last Day Of Limitation: Delhi HC https://www.livelaw.in/high-court/delhi-high-court/section-10-of-general-clauses-act-applies-only-if-sectionβ¦
In light of the above discussion, the court concluded that βthe benefit of Section 10 of the General Clauses Act is available only where the petition is filed within the normal period of limitation, and the Court was closed on the date when the normal period of limitation came to an end. It does not apply where the closure of the Court was on the date when the extendable period came to an end.β
VASISHTA MANTENA NH04 JV
v.
BLACKLEAD INFRATECH PVT. LTD.
2025
IMPORTANT
#Arbitration@CurrentLegalGK
VASISHTA MANTENA NH04 JV
v.
BLACKLEAD INFRATECH PVT. LTD.
2025
IMPORTANT
#Arbitration@CurrentLegalGK
π5
Offence Of Outraging Modesty Of A Woman In Public Is A Serious Offence, Regardless Of Punishment Term U/S 354 IPC: P&H High Court
https://www.livelaw.in/high-court/punjab-and-haryana-high-court/punjab-haryana-high-court-offence-of-outraging-modesty-of-woman-committed-in-public-place-cant-be-compromised-293166
https://www.livelaw.in/high-court/punjab-and-haryana-high-court/punjab-haryana-high-court-offence-of-outraging-modesty-of-woman-committed-in-public-place-cant-be-compromised-293166
www.livelaw.in
Offence Of Outraging Modesty Of A Woman In Public Is A Serious Offence Regardless Of Punishment Term, Can't Quash FIR On Compromise:β¦
The Punjab & Haryana High Court has made it clear that the offence of outraging modesty of a woman in a public place cannot be compromised and would fall in the category of a serious offence...
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Offence Of Outraging Modesty Of A Woman In Public Is A Serious Offence, Regardless Of Punishment Term U/S 354 IPC: P&H High Court https://www.livelaw.in/high-court/punjab-and-haryana-high-court/punjab-haryana-high-court-offence-of-outraging-modesty-of-womanβ¦
Where the offence is more or less in the nature of a private offence such like in the matrimonial cases, commercial disputes, money matters and some other offences of lighter nature, which does not affect public interest at large, then certainly given the facts and circumstances of each and every case, FIR can be quashed on the basis of compromise," the Court said.
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Maternity Leave Part Of Reproductive Rights: Supreme Court Sets Aside Denial Of Maternity Leave For Third Child
https://www.livelaw.in/top-stories/supreme-court-rules-maternity-leave-part-of-woman-reproductive-rights-293184
https://www.livelaw.in/top-stories/supreme-court-rules-maternity-leave-part-of-woman-reproductive-rights-293184
www.livelaw.in
Maternity Leave Part Of Reproductive Rights: Supreme Court Sets Aside Denial Of Maternity Leave For Third Child
The Supreme Court has set aside the order of the Division Bench of the Madras High Court which had denied maternity leave to a government teacher for the birth of her third child, citing State...
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'Even God Of Cricket Endorsing Such Apps' : Plea In Supreme Court To Ban Betting Apps & Their Celebrity Endorsements
https://www.livelaw.in/top-stories/supreme-court-seeks-union-response-on-pil-seeking-ban-regulation-of-betting-gambling-apps-and-celebrity-endorsement-293165
https://www.livelaw.in/top-stories/supreme-court-seeks-union-response-on-pil-seeking-ban-regulation-of-betting-gambling-apps-and-celebrity-endorsement-293165
www.livelaw.in
'Even God Of Cricket Endorsing Such Apps' : Plea In Supreme Court To Ban Betting Apps & Their Celebrity Endorsements
The Supreme Court today called for the Union government's response on a public interest litigation seeking banning/regulation of online and offline betting apps on the ground that they amount to...
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'Even God Of Cricket Endorsing Such Apps' : Plea In Supreme Court To Ban Betting Apps & Their Celebrity Endorsements https://www.livelaw.in/top-stories/supreme-court-seeks-union-response-on-pil-seeking-ban-regulation-of-betting-gambling-apps-and-celebrityβ¦
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π Game of skillβ Explained simply
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https://t.me/CurrentLegalGK/2536
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